Mielcarek v. Riske

April 19,1944, plaintiff commenced an action in justice court to recover possession of his farm lands and for $200 damages — alleging the defendant held over after his lease expired. The defendant was in possession and answered claiming a right to possession for 1944 and that he had sown some crop on the land in April 1944.

April 29,1944, the justice gave plaintiff judgment for the possession of the land and costs, and ordered “that defendant be ousted therefrom.” Defendant appealed to the district court demanding a new trial, and served an “undertaking for stay of execution on appeal.”…