Moller v. Gottsch

• Decision Date: 21 January 1899
• Citation: 77 N.W. 859,107 Iowa 238
• Court: Iowa Supreme Court
• Parties: MOLLER v. GOTTSCH.

107 Iowa 238

77 N.W. 859

MOLLER

v.GOTTSCH.

Supreme Court of Iowa.

Jan. 21, 1899.

Appeal from district court, Carroll county; Z. A. Church, Judge.

Plaintiff 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 defendant be ousted and plaintiff put in possession of the premises, and the defendant pay costs.Defendant appeals.Dismissed.Douglas Rogers, for appellant.

B. I. Salinger, for appellee.

GIVEN, J.

Plaintiff moves to dismiss this appeal “for the reason that said appellant has no further right to prosecute 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.SeeCode 1873, § 3623 1/2;Code, § 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 expired, and he having been removed from the farm, the only practical effect of any decision that we could make on this appeal would be as to who is liable for costs.In Boos v. Dulin, 103 Iowa, at page 337, 72 N. W. 535, we said, in a case where the defendant had left the premises and the plaintiff had...