STOKES v. VAN SEVENTER

No. 15.

355 P.2d 594 (1960)

James E. STOKES and Arlene Green, also known as Jane Doe Stokes, and William T. Shirley, Appellants, v. A. VAN SEVENTER and Idellar V. Scheele, Appellees.

Supreme Court of Alaska.

September 15, 1960.


Attorney(s) appearing for the Case

Albert Maffei, Anchorage, for appellants.

James Fisher, Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and AREND, JJ.


AREND, Associate Justice.

The basic problem here is whether the courts of Alaska may by interlocutory order or provisional remedy require the defendants in an ejectment action to pay into the registry of the court, pending judgment, a reasonable monthly rental for their use of the property in litigation. We say, no. Before elaborating on our answer, however, we need to consider first a procedural question involved, and that is whether such an order is an appealable...

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