Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 167
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 2009-12 edition. Excerpt: ...petition, stating in substance that, since filing the petition, another month's rent had become due, and judgment was asked therefor. On motion of the defendant, the supplemental petition was stricken from the files, and the plaintiff appeals. ZV'at/uzniel T. Guernsey, for appellant. N 0 appearance for appellee. Ssuv1sas, J.-The amount in controversy being less than $100, we are required to answer a question propounded by the circuit court in these words: "Where a lease has been made which provides for the payment of rent in six monthly installments payable on the first day of each month, from May, 1884, to October, 1884, inclusive, and the lessee fails to pay the installment becoming due on the first day of September, 1884-, and thereupon, and during the said month of Septem ber, suit is commenced upon the said lease for rent, and asks V a landlord's attachment for rent due September 1st, and that to be due_ October 1st, and the petition sets out the execu-_ Slgler v. Gondon. tion of the lease and its terms, possession thereunder by the lessee, and his failure to pay the September rent hereinbefore referred to, and asks judgment for the amount of the one next to become due, to-wit, the October installment, which latter was the last one to become due under-said lease, and a landlol-d's attachment is issued for rent due, as well as that to become due, and subsequently, and after the first day of October, 1884, the plaintiff, by way of supplemental petition, in accordance with section 2731 of the Code, sets up the fact that since the filing of the former pleading this last installment of rent has become due, and that no part thereof has ever been paid, and then prays judgment therefor, --is it error on the part of...
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- 13 Sep 2013
- United States
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