Dicks v. Hatch
Supreme Court of Iowa
Appeal from PolJc District Cowri. Tiib following state of facts is presented in this case: Proceedings were commenced by plaintiff before a justice of the peace under the first clause of section 2362 of the Code. The plaintiff filed his petition, claiming the immediate possession of a certain store room owned by plaintiff and occupied by defendant, situated upon second street in the city of Dos Moines, alleging that defendant wrongfully and forcibly entered the same.
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Appeal from PolJc District Cowri. Tiib following state of facts is presented in this case: Proceedings were commenced by plaintiff before a justice of the peace under the first clause of section 2362 of the Code. The plaintiff filed his petition, claiming the immediate possession of a certain store room owned by plaintiff and occupied by defendant, situated upon second street in the city of Dos Moines, alleging that defendant wrongfully and forcibly entered the same. Plaintiff alleged in his petition that on the 8th day of February, 1855, he leased said room to one John Olossen, that the…
1Opinion of the CourtBaldwin, J.
This case is argued by appellant’s counsel upon errors which relate solely to the matters set up in the amended petition, which matters were put in issue for the first time in the District Court; while the appellee claims that the District Court had no jurisdiction whatever over the matter to which said alleged errors have reference; which latter position if correct will decide the case.
Section 2362 evidently contemplates that a summary proceeding may be instituted before a justice of the peace for the purpose of determining the rights of occupants to real estate; and under a certain state of…
2Cases cited1 opinion
- Smiths v. Dubuque CountySupreme Court of Iowa · 1855
3Cited by22 opinions
- Carmichael v. Iowa State Highway CommissionSupreme Court of Iowa · 1968
- Armstrong v. MayerNebraska Supreme Court · 1900
- Johnson v. Johnson's Adm'rSupreme Court of Alabama · 1866
- Orcutt v. HansonSupreme Court of Iowa · 1887
- Hollen v. DavisSupreme Court of Iowa · 1882
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