F. P. McKay Co. v. Savery House Hotel Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Joseph E. Meyer, Judge. Action in equity to enjoin the defendants from tearing down the Savery Hotel building in Des Moines, and from interfering with the possession of plaintiffs, who were tenants of certain storerooms and other portions of said building, and to enjoin defendants from interfering with plaintiff’s means of ingress and egress, and to enjoin defendants from commencing legal proceedings to obtain possession of the property.
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Appeal from Polk District Court. — Joseph E. Meyer, Judge. Action in equity to enjoin the defendants from tearing down the Savery Hotel building in Des Moines, and from interfering with the possession of plaintiffs, who were tenants of certain storerooms and other portions of said building, and to enjoin defendants from interfering with plaintiff’s means of ingress and egress, and to enjoin defendants from commencing legal proceedings to obtain possession of the property. After a hearing, a temporary injunction was issued, as prayed, from ’which the defendant Savery House Hotel Company…
1Opinion of the CourtPreston, C. J.
1. Landlord and tenant: recovery of possession: right of sub-tenant. The Savery House Hotel Company.is the owner of the real estate, and the Savery Hotel Company, incorporated, was the operating company conducting the hotel business. For convenience, we shall refer to the owner as the House Company, and to the other as the Hotel Company. Recently, there has been organized the Savery House Building Company, which was to build a new hotel.
The petition alleges, substantially, that the hotel building had been leased by the House Company to the Hotel Company until the year 1925 ; that, on November…
2Cases cited5 opinions
- Albiani v. Evening Traveler Co.Massachusetts Supreme Judicial Court · 1914
- Buttner v. KasserCalifornia Court of Appeal · 1912
- Weiss v. MendelsonAppellate Terms of the Supreme Court of New York · 1898
- Foster v. ReidSupreme Court of Iowa · 1889
- King v. FragleyCalifornia Court of Appeal · 1912
3Cited by5 opinions
- Owl Fumigating Corporation v. California Cyanide Co.District Court, D. Delaware · 1928
- Sheehan v. Municipal Light & Power Co.District Court, S.D. New York · 1943
- Ashpole v. DelaneySupreme Court of Iowa · 1934
- Cassady v. MottSupreme Court of Iowa · 1927
- Parris-West Maytag Hotel Corp. v. Continental Amusement Co.Supreme Court of Iowa · 1969