Schurz v. McMenamy
Supreme Court of Iowa
Appeal from Council Bluffs Superior Court. — How. E. E. Ayles worth, Judge. This is an action upon a lease against a husband and wife to recover for rent due upon a lease executed by the husband alone, and to enforce a landlord’s lien against personal property of the wife used upon the premises. A demurrer to the answer of the wife was sustained. Electing to stand on her answer a judgment was rendered against her, from which she appeals.
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Appeal from Council Bluffs Superior Court. — How. E. E. Ayles worth, Judge. This is an action upon a lease against a husband and wife to recover for rent due upon a lease executed by the husband alone, and to enforce a landlord’s lien against personal property of the wife used upon the premises. A demurrer to the answer of the wife was sustained. Electing to stand on her answer a judgment was rendered against her, from which she appeals. The “ special lien” mentioned in the lease would not affect appellant’s property, as she is not a party to the instrument. Nor is appellee entitled to a…
1Opinion of the CourtBeck, C. J.
I. The lease runs for nine months. The rent is two hundred and twenty-five dollars for the and?enant: _ anac-hmén"4: of wife s pi op-whole term, payable twenty-five dollars monthly in advance. The husband alone signed the lease. The petition asks judgment agains^ both the husband and wife, and asks an attachment, and the enforcement of a landlord’s lien against the personal property of the wife used upon the premises during the term for which suit is brought. The wife alleges in her answer that she is the sole and only owner of the goods seized upon the attachment issued in this case. She…
2Cases cited1 opinion
- Lawrence v. SinnamonSupreme Court of Iowa · 1867
3Cited by5 opinions
- Valentin v. D. G. Swanson & Co.Appellate Court of Illinois · 1960
- Lederer v. BlairAppellate Court of Illinois · 1918
- McDaniels v. McClureSupreme Court of Iowa · 1909
- Lewis v. FranceSupreme Court of Minnesota · 1917
- Rogers v. DavisSupreme Court of Iowa · 1937