Legal Opinion

Goldsmith v. Willson

Supreme Court of Iowa

Decided December 14, 1885PublishedCited by 11 opinions

Appeal from Sac District Court. Action for the recovery of specific personal property. On the ninth day of January, 1884, one George R. Davis executed and delivered to plaintiff an instrument which purports to be a general assignment of all his property for the benefit of his creditors. This instrument was filed for record on the day of its execution, and on the eighteenth of the same mouth plaintiff filed his bond as assignee.

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Appeal from Sac District Court. Action for the recovery of specific personal property. On the ninth day of January, 1884, one George R. Davis executed and delivered to plaintiff an instrument which purports to be a general assignment of all his property for the benefit of his creditors. This instrument was filed for record on the day of its execution, and on the eighteenth of the same mouth plaintiff filed his bond as assignee. The defendant 'Willson is sheriff of Sac county, and on the day on which said assignment was executed he received a writ of attachment, which was issued in an action…

1Opinion of the CourtReed, J.

1. detinue: naecessity of vaiuenof each article. I. The grounds of the motion upon which the court directed the verdict for defendants are — First, that plaintiff had not proved the value of any article x ^ J recover possession of which this action was brought; second, plaintiff had not proved that the property described in his petition was unlawfully detained by defendant Willson in Sac county, or that it was so detained at the time of the commencement of the action; third, plaintiff’s evidence shows that the title to and right of possession in the property in question were vested at the…

2Cases cited2 opinions

  1. State v. KennedySupreme Court of Iowa · 1884
  2. Gimble, Florshime & Co. v. FergusonSupreme Court of Iowa · 1882

3Cited by11 opinions

  1. Richards v. W. H. Hellen & SonSupreme Court of Iowa · 1911
  2. Humphrey v. BakerSupreme Court of Oklahoma · 1918
  3. McDonald v. Second National BankSupreme Court of Iowa · 1898
  4. Marquardt & Sons v. ThompsonSupreme Court of Iowa · 1889
  5. Sperry v. EthridgeSupreme Court of Iowa · 1886

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