Madsen v. Chournos

Respondent filed a motion in this court to dismiss the appeal on the ground that the action is an unlawful detainer proceeding and that the appeal from the judgment of dismissal was not taken within ten days as required by Section 104-60-14, R. S. U. 1938. An examination of the complaint indicates that the relief sought is possession of the premises together with treble damages for alleged unlawful detainer. A copy of the written contract between the parties is attached to the complaint, but it merely serves to indicate how the tenancy of defendant arose and to set forth the theory of…