McIntosh v. Colwell

Opinion op the Court by

Judge Dietzman

Affirming in part and reversing in part.

On May 6,1928, appellant, R. R. McIntosh, instituted in the county court of Perry county a proceeding against the appellee, Allen Colwell, which he says in his brief was a forcible detainer proceeding, but which from the record is clearly demonstrated to have been a forcible entry proceeding. Colwell was found guilty of the forcible entry in the county court, and thereupon he traversed the finding and appealed to the circuit court. While' the case was pending in the circuit court, and on August 26,1929, the appellant…