Shuver v. Klinkenberg
Supreme Court of Iowa
Appeal from Butler Circuit Court. The plaintiff commenced an action of forcible entry and detainer against the defendant before .a justice of the peace. The defendant did not appear at the time fixed in the original notice. A default was entered, and, after hearing the proofs, a judgment was entered for the plaintiff. Two days after-wards the defendant filed a motion “to vacate the judgment and dismiss the complaint.” The motion was overruled on the' same day.
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Appeal from Butler Circuit Court. The plaintiff commenced an action of forcible entry and detainer against the defendant before .a justice of the peace. The defendant did not appear at the time fixed in the original notice. A default was entered, and, after hearing the proofs, a judgment was entered for the plaintiff. Two days after-wards the defendant filed a motion “to vacate the judgment and dismiss the complaint.” The motion was overruled on the' same day. Thereupon the defendant sued out a writ of error, and upon return of the writ the circuit court reversed the ruling of the justice,…
1Opinion of the CourtRothrock, J.
The petition filed before the justice of the peace avers in substance that plaintiff leased a town lot to the defendant for the term of one year, and that defendant, at the end of the year, refused to quit the premises. The lease expired on the twenty-ninth of March, 1884. That on the fourth day of April, 1884, the plaintiff served a written notice on the defendant to quit the possession of the lot by the fifth day of May, 1884. The original notice in the action, was served on the defendant on the eighth day of May, 1884, and required the defendant to appear before the justice of the *546peace on…
2Cases cited3 opinions
- Shea v. QuintinSupreme Court of Iowa · 1870
- Dougherty v. McManusSupreme Court of Iowa · 1873
- Grosvenor v. HenrySupreme Court of Iowa · 1869
3Cited by5 opinions
- Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
- Ashpole v. DelaneySupreme Court of Iowa · 1934
- McLain v. CalkinsSupreme Court of Iowa · 1889
- Arts v. RocksienSupreme Court of Iowa · 1896
- Wright v. ZachgoSupreme Court of Iowa · 1937