Silvers v. Floyd
Supreme Court of Iowa
• Appeal from Wapello District Court. — Hon. M. A. Roberts, Judge. 'Action at law to recover rent. Defendant denied that he was plaintiff’s tenant, pleaded that all rent due for the use of the property had been paid, and further pleaded that the premises were leased for an unlawful purpose, to wit, for a gambling room. A writ of attachment having issued, defendant also filed a counterclaim for the wrongful suing out thereof.
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• Appeal from Wapello District Court. — Hon. M. A. Roberts, Judge. 'Action at law to recover rent. Defendant denied that he was plaintiff’s tenant, pleaded that all rent due for the use of the property had been paid, and further pleaded that the premises were leased for an unlawful purpose, to wit, for a gambling room. A writ of attachment having issued, defendant also filed a counterclaim for the wrongful suing out thereof. On these issues the case was tried, resulting in a verdict and judgment for the plaintiff in the sum claimed by him, and defendant appeals.
1Opinion of the CourtDeemeb, J.
Plaintiff claims that by oral contract he leased the defendant the upper floor of a two-story building in the city of Ottumwa from month to month at the agreed rental of $55 per month; that defendant is indebted to him for two months’ rent, amounting to $110, and he asked judgment for that amount. Making proper allegations therefor, a writ of attachment was sued out, which was served by garnishing one of defendant’s debtors. Defendant denied that he leased the property of plaintiff, pleaded that he was a subtenant of one Schonweber, who leased the same by the month from plaintiff. He further…
2Cases cited1 opinion
- Harbison v. ShirleySupreme Court of Iowa · 1908
3Cited by3 opinions
- Bohnsack v. DriftmierSupreme Court of Iowa · 1952
- Ambrose v. HackertSupreme Court of Iowa · 1950
- Kellogg v. RhodesSupreme Court of Iowa · 1942