Moller v. Gottsch
Supreme Court of Iowa
Appeal from Carroll District Court, — Hon. Z. A. Church, Judge. Plaintiee brought this action, before a justice of the peace to recover possession of a farm after the expiration -of the lease, which expired March 1, 1897. The defendant answered, admitting that he was in possession, admitting plaintiff’s ownership, and alleging' a verbal agreement by which he was to- have the farm during the year 1897 on the same terms.
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Appeal from Carroll District Court, — Hon. Z. A. Church, Judge. Plaintiee brought this action, before a justice of the peace to recover possession of a farm after the expiration -of the lease, which expired March 1, 1897. The defendant answered, admitting that he was in possession, admitting plaintiff’s ownership, and alleging' a verbal agreement by which he was to- have the farm during the year 1897 on the same terms. The justice of the peace rendered judgment in favor of the defendant, and, on appeal, verdict and judgment were rendered in favor of the plaintiff, and ordering that the…
1Opinion of the CourtGiven, J.
Plaintiff moves to dismiss this appeal “for the reason that said appellant has no further right to prose*239cute the same.” .It appears that, on the day the judgment was rendered in the district court, notice of appeal was served, and thereafter on the same day a writ of ouster was issued, as the appeal did not supersede the order therefor. See Code 1813, section 3623-J-; Code, section 4220. Said writ was served by the sheriff, by removing the defendant from the farm and placing the plaintiff in possession thereof. The time during which defendant claimed the right, of possession having long since…
2Cases cited1 opinion
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3Cited by10 opinions
- Conte v. Di CorpoSupreme Court of Iowa · 1915
- Independent School District v. PenningtonSupreme Court of Iowa · 1917
- Manning v. HeathSupreme Court of Iowa · 1928
- Hampton v. McKeehanSupreme Court of Iowa · 1919
- McGovern v. McGovernSupreme Court of Iowa · 1922
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