Cabanne v. Spaulding

The defendant, Charles Bauer, obtained judgment before a justice of the peace against the plaintiff in this proceeding, in an action of unlawful detainer. An appeal was taken to the circuit court wherein the appeal was dismissed. Before this dismissal, Cabanne, the defendant in that proceeding, surrendered the premises in dispute, and took a lease with the knowledge and consent of Bauer, from J. P. Carr, who had become Bauer’s lessee. After the dismissal the justice issued an execution in ordinary form, for restitution of the premises, and for damages, costs, and rents,, and placed it in the…