Napper v. Young
Supreme Court of Iowa
Appeal from Dubuque District Court. The defendant leased to plaintiff stall No. 2 in the Market House in Dubuque for one year ending May 1st, 1858. The legal title to the stall was in the city of Du-buque.
Read the full summary
Appeal from Dubuque District Court. The defendant leased to plaintiff stall No. 2 in the Market House in Dubuque for one year ending May 1st, 1858. The legal title to the stall was in the city of Du-buque. Young claimed to hold the same under a lease from the city; that he had rented the same under § 7 of an ordinance of said city regulating the market, passed -July 17th, 1854; and had paid $40 for the choice of said stall, and the annual rent fixed by said ordinance, to-wit: $25,00 per year; that he had rented it with the privilege of holding it either one or five years. On the 28th of…
1Opinion of the CourtBaldwin, J.
The cause in the District Court turned upon the validity of defendant’s lease from the city. To support his right to the possession of the stall,.he introduced in evidence, § 7, ordinance of 1854, which provides, “ that the rent of stalls in the market house is hereby established at $25, for each stall. The choice of stalls shall be sold by the market master, at public outcry, for cash; and the person purchasing may hold the saíne from one to five years, at his option, by paying each year after the first year, the sum for which said stalls are required to be rented; and by paying the first…
2Cases cited1 opinion
- Russ v. The Steamboat, War EagleSupreme Court of Iowa · 1859
3Cited by4 opinions
- Muldowney v. Illinois Central R. R.Supreme Court of Iowa · 1871
- Will of Knox v. KnoxSupreme Court of Iowa · 1904
- Smith v. Standard Oil Co.Supreme Court of Iowa · 1934
- Robinson v. Illinois Central RailroadSupreme Court of Iowa · 1870