Kowalski v. Burman

JUDGE SCHWARTZ

delivered the opinion of the court.

Defendant appeals from a judgment in a forcible detainer action. Plaintiff made a motion in this court to dismiss the appeal on the ground that the issue had become moot, as plaintiff after appeal had been filed by defendant had entered into possession of the premises. Defendant admits that plaintiff is in possession. We denied plaintiff’s motion but it is renewed in his brief. On an appeal in a forcible entry and detainer case we cannot dismiss the appeal even though possession by the plaintiff makes the issue moot. Defendant upon his appeal…