Heinsch v. Kirby

Christianson, Justice.

This matter is before us on an order to show cause why a writ of prohibition should not be issued. The proceeding arises out of an unlawful detainer action commenced by plaintiffs to gain possession of certain premises from defendants, who were holding the premises under a month-to-month lease. The basis of the action was that there had been a termination of the lease by notice. The action was heard by the court without a jury and resulted in findings of fact, conclusions of law, and order for judgment in favor of plaintiffs. Judgment of restitution was duly entered in…