First National Bank v. Flynn
Supreme Court of Iowa
Appeal from, Woodbury District Gourt. — Hon. F. R. Gay-nor, Judge. Action to recover rent alleged to be due under a lease,» and to enforce a landlord’s lien therefor against the L, Humbert Company.
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Appeal from, Woodbury District Gourt. — Hon. F. R. Gay-nor, Judge. Action to recover rent alleged to be due under a lease,» and to enforce a landlord’s lien therefor against the L, Humbert Company. One Flynn, as trustee in bankruptcy of defendant company, sought to controvert plaintiff’s right to a lien, and judgment was rendered for plaintiff' establishing its lien as to a portion of the land claimed,, from which judgment plaintiff and Flynn, trustee, prosecute separate appeals.
1Opinion of the Court
McOlain, J. —
1 The lease on which suit was brought was, executed in June, 1899., The action was instituted in February, 1900. The L. Humbert Company, defendant, on the 28th of March, 1900, filed an answer, stating that on that day a petition in bankruptcy had been filed against the said defendant in the United States district court, and praying that the courts make such order in the premises as should be necessary. The court proceeded, however, without regard to the pendency of the bankruptcy proceedings, to adjudge defendant to be in default, and rendered judgment against the defendant for…
2Cases cited3 opinions
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Ladner v. BalsleySupreme Court of Iowa · 1897
- Smith v. DaytonSupreme Court of Iowa · 1895
3Cited by12 opinions
- Nuckolls v. Bank of CaliforniaCalifornia Supreme Court · 1937
- Burke v. DunlapSupreme Court of Iowa · 1919
- Jackman v. HerrickSupreme Court of Iowa · 1917
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1903
- Hammond Lumber Co. v. GilkeyCalifornia Court of Appeal · 1932
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