Davis v. Milburn
Supreme Court of Iowa
Appeal from the Wappello District Court. This action was brought to recover for the rent and occupation of a mill under a lease.
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Appeal from the Wappello District Court. This action was brought to recover for the rent and occupation of a mill under a lease. Tbe defendant pleaded, with other things, that the plaintiff had brought suit against him, (relating to other matters,) while the above lease was existing, and in that suit had sued out an. attachment, and had attached his cattle, carts, wagons, logs, lumber and other property and material, by which and for which he carried on the business of the mill, by means of which he was interrupted and prevented in the use of the mill, and could not run the same, and so the…
1Opinion of the CourtWoodward, J.
Tbe plaintiff sues for rent. Tbe defendant pleads tbat be was interrupted in tbe use and enjoyment of tbe lease, by the operation of tbe plaintiff’s writ of attachment. Tbe plaintiff replies that the defendant has sued and recovered damages for tbat interruption. This reply is in tbe nature of a bar, and not of a set-off. Tbe only question is, whether Milburn can recover damages for tbe interruption, and also plead tbe interruption as an excuse for not paying tbe rent. We think be cannot. Tbat tbe subject matter pleaded is tbe same, is very probable. The amount which be recovered is strong…
2Cases cited1 opinion
- Mahnke v. Damon & Co.Supreme Court of Iowa · 1856
3Cited by3 opinions
- Stoddard v. ThompsonSupreme Court of Iowa · 1870
- State ex rel. Clark v. Board of County CommissionersNebraska Supreme Court · 1877
- Kuiken v. GarrettSupreme Court of Iowa · 1952