Legal Opinion

Mathews v. Herron

Supreme Court of Iowa

Decided May 19, 1896PublishedCited by 3 opinions

Appeal from Plymouth District Court. — Hon. George W. Wakefield, Judge. Plaintiff claims that on April 28, 1890, he was in possession of certain real estate in the town of Kingsley, Iowa, and the building situated thereon, and the furniture therein, under a lease to him from one Craig, of date October 5, 1886, and under a contract for the sale of the property, executed to Annie Mathews, plaintiff’s wife, by the defendants; that on April 28, 1890, and when plaintiff had not…

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Appeal from Plymouth District Court. — Hon. George W. Wakefield, Judge. Plaintiff claims that on April 28, 1890, he was in possession of certain real estate in the town of Kingsley, Iowa, and the building situated thereon, and the furniture therein, under a lease to him from one Craig, of date October 5, 1886, and under a contract for the sale of the property, executed to Annie Mathews, plaintiff’s wife, by the defendants; that on April 28, 1890, and when plaintiff had not failed in any respect to perform his part of said contract, said defendants forcibly and unlawfully ejected him from the…

1Opinion of the CourtKjnne, J.

1 2 I. Some of the assignments of error are merely stated in appellants’, brief, — not argued. These will not, therefore, be considered. It is said the court erred, in the sixth division of its charge, in submitting to the jury the matter of the difference between the amount of rent agreed to be paid by plaintiff, under his lease from Craig, from April 28, 1890, to November 1, 1891, and the actual rental value of the property, because there was no evidence touching that matter. Without entering into a discussion of the evidence as to this matter, we may say that, although it was not as…

2Cited by3 opinions

  1. Graves v. BonnessSupreme Court of Minnesota · 1906
  2. Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908
  3. Boylan v. McMillanSupreme Court of Iowa · 1908

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