Bartlett v. Gaines
Supreme Court of Iowa
Appeal from Dubuque District Court. Landlord’s lien. Defendant moved to dissolve the attachment, which motion was overruled. He offered certain testimony which was rejected. After verdict, he objected to an order making the judgment a special lien on the attached property, and again offered the same testimony before rejected. The court refused to hear the testimony, entered judgment as asked by plaintiff, and defendant now appeals.
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Appeal from Dubuque District Court. Landlord’s lien. Defendant moved to dissolve the attachment, which motion was overruled. He offered certain testimony which was rejected. After verdict, he objected to an order making the judgment a special lien on the attached property, and again offered the same testimony before rejected. The court refused to hear the testimony, entered judgment as asked by plaintiff, and defendant now appeals. The statute relating to landlord’s liens being extraordinary in its provisions should be strictly pursued. Wilkie $ Tidier v. Jones, Mor, 97; Eads v. Pitkin, 3 Gr.…
1Opinion of the CourtWright, J.
The motion to dissolve the attachment was properly overruled. The causes stated in said motion relate more to the sufficiency of the petition than to the affidavit, which was filed, and which, by the Code, section 1271, is made the basis of the attachment. Thus, it is objected that “ the petition fails to show upon its face any grounds for an *97attachment.” And again, “that it does not bring the case within the statute authorizing a landlord’s attachment or lien.” Now the landlord may commence his action for his rent and lien without asking an attachment in his petition. If he desires the…
2Cited by4 opinions
- Emeny v. Farmers Elevator Co.Supreme Court of Iowa · 1922
- Pickler v. LanphereSupreme Court of Iowa · 1929
- Youngerman v. LongSupreme Court of Iowa · 1895
- Staber v. CollinsSupreme Court of Iowa · 1904