McCarthy v. Trumacher
Supreme Court of Iowa
Appeal from Plymouth District Court. — TIoN. JohN N. Oliver, Judge. ■ Action to recover rent and for damages caused by the removal of outbuildings and fences taken by defendant. The action was brought originally in a justice court. IJpon hearing there had, there was a judgment for defendant. Plaintiff appealed, and the cause was tried in the district court, the result again being in defendant’s favor.
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Appeal from Plymouth District Court. — TIoN. JohN N. Oliver, Judge. ■ Action to recover rent and for damages caused by the removal of outbuildings and fences taken by defendant. The action was brought originally in a justice court. IJpon hearing there had, there was a judgment for defendant. Plaintiff appealed, and the cause was tried in the district court, the result again being in defendant’s favor. It comes to this court, through plaintiff’s appeal, on certain questions certified by the .district court, to which we shall more specifically refer hereafter.
1Opinion of the Court
WatermaN, J.-
— Defendant leased a tract of land from plaintiff, by oral agreement, for the year ending March 1,, 1893, with the privilege of renewal. It was part of this agreement that defendant should have the right, when his-tenancy ceased, to remove from the premises any and all improvements which he should make for his own convenience. During his occupancy, defendant, with the knowledge and assent of plaintiff, placed on the leased premises the property which is the subject of this action. Thereafter defendant took from plaintiff a written lease containing this provision: “That he…
2Cases cited6 opinions
- Wright v. MacDonnellTexas Supreme Court · 1895
- Kerr v. KingsburyMichigan Supreme Court · 1878
- Second National Bank of Beloit, Wis. v. O. E. Merrill Co.Wisconsin Supreme Court · 1887
- Carlin v. RitterCourt of Appeals of Maryland · 1888
- Mickle & Co. v. DouglasSupreme Court of Iowa · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ray v. YoungSupreme Court of Iowa · 1913
- Ogden v. GarrisonNebraska Supreme Court · 1908
- Bernheimer v. AdamsAppellate Division of the Supreme Court of the State of New York · 1902
- Daly v. SimonsonSupreme Court of Iowa · 1905
- Marty v. Champlin Refining Co.Supreme Court of Iowa · 1949
4 more not listed; retrieve them via the Exa API.