Smeaton v. Cole
Supreme Court of Iowa
Appeal from Polk District Court. — HoN.-W. F. CoNkad, Judge. In this action, damages are demanded of defendant for suing out a landlord’s writ of attachment maliciously and without probable cause. To support the allegations of the petition, the pleadings in the former action, a part of the court’s instructions, the judgment therein, and someof the proceedings incident to the care of the property seized, 'were introduced in evidence.
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Appeal from Polk District Court. — HoN.-W. F. CoNkad, Judge. In this action, damages are demanded of defendant for suing out a landlord’s writ of attachment maliciously and without probable cause. To support the allegations of the petition, the pleadings in the former action, a part of the court’s instructions, the judgment therein, and someof the proceedings incident to the care of the property seized, 'were introduced in evidence. From these it appears that this defendant, as plaintiff in that action, began a suit for the recovery of $114 as rent for the use of a greenhouse April 23, 1892,…
1Opinion of the CourtLaud, J.
The sum of $114 was found due the landlprd 'for rent accrued, precisely as alleged in his' petition, and the tenant was allowed $400 on his counterclaim. Oon-*370wary to appellant’s contention, this was a' finding that something was due plaintiff, within the meaning of our statutes. Section 2992 of the Code creates a lien for rent in favor of the landlord, and the-section folio wing provides that the lien may “be effected by the commencement of .an action during the period above prescribed for rent alone, in which action the landlord will be entitled to a writ of attachment, upon- filing with the…
2Cases cited12 opinions
- Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
- Carraher v. AllenSupreme Court of Iowa · 1900
- Jones v. J. C. Witousek & Co.Supreme Court of Iowa · 1901
- Young v. BroadbentSupreme Court of Iowa · 1867
- Ware v. HowleySupreme Court of Iowa · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Seager v. FosterSupreme Court of Iowa · 1918
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
5 more not listed; retrieve them via the Exa API.