Cedar Rapids Cold Storage Co. v. Lesinger
Supreme Court of Iowa
Appeal from Geclar Rapids Superior Court. — Atherton B. Clark, Judge. Action to restrain the enforcement of a judgment for forcible entry and detainer, on the ground that the plaintiff was in the actual possession of the premises at the time the judgment of ouster was entered, and was not made a party to the proceeding, and had no notice of the proceeding, and that its rights, therefore, were not adjudicated and determined. Judgment for the defendant in the court below.
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Appeal from Geclar Rapids Superior Court. — Atherton B. Clark, Judge. Action to restrain the enforcement of a judgment for forcible entry and detainer, on the ground that the plaintiff was in the actual possession of the premises at the time the judgment of ouster was entered, and was not made a party to the proceeding, and had no notice of the proceeding, and that its rights, therefore, were not adjudicated and determined. Judgment for the defendant in the court below. Plaintiff appeals.
1Opinion of the CourtGaynor, J.
This action is in equity, to restrain the defendant from enforcing against the plaintiff a judgment of ouster, obtained by her in a justice court, in a proceeding for forcible entry and detainer, in which she was plaintiff, and one William Tehel was defendant.
We may assume that defendant rented the premises in question to William Tehel; that, thereafter, she instituted proceedings for forcible entry and detainer against him in justice court, and obtained judgment against him for the *1365possession oí the premises in controversy; that a writ of ouster issued upon said judgment, directing the…
2Cases cited1 opinion
- State v. SmithSupreme Court of Iowa · 1897
3Cited by3 opinions
- Hawkeye Life Insurance v. Valley-Des Moines Co.Supreme Court of Iowa · 1935
- In re the Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
- Youngs v. YoungsSupreme Court of Iowa · 1924