Linden v. Green
Supreme Court of Iowa
Appeal from Obrien District Court. — Hon. Scott M. Ladd, Judge. Aotiow to recover possession of four cows alleged to belong to and to be wrongfully detained from the plaintiff by the defendant, under a writ of attachment in his hands as sheriff against the property of Jacob Bierhaus. The petition alleges service of notice of ownership, refusal to deliver the property, and sets out the notice and affidavit of service as an exhibit.
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Appeal from Obrien District Court. — Hon. Scott M. Ladd, Judge. Aotiow to recover possession of four cows alleged to belong to and to be wrongfully detained from the plaintiff by the defendant, under a writ of attachment in his hands as sheriff against the property of Jacob Bierhaus. The petition alleges service of notice of ownership, refusal to deliver the property, and sets out the notice and affidavit of service as an exhibit. Defendant answered denying that plaintiff was owner or entitled to the possession of the property, and admitting that, at the commencement of this action, he held…
1Opinion of the CourtGiven, J.
1. Action to session of attached property; I. The appellee contends that this case comes within the provisions of section 3019 of the Code, requiring appeals from orders discharging attachments to be perfected within two -, n ,, , , , , days, and the appeal was not taken m time. No order was asked nor granted in this case discharging the attachment, under which the defendant held the property, nor -was the validity of that attachment in question. It is not a proceeding under section 3016, as was the case of Ryan v. Heenan, 76 Iowa, 589, cited by counsel. It is an action to recover possession…
2Cases cited18 opinions
- Murphy v. CreightonSupreme Court of Iowa · 1876
- Olson v. NealSupreme Court of Iowa · 1884
- Smith v. B., C. R. & N. R.Supreme Court of Iowa · 1882
- Wimer v. AllbaughSupreme Court of Iowa · 1889
- Seymour v. SheaSupreme Court of Iowa · 1883
13 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Beach v. WakefieldSupreme Court of Iowa · 1898
- First National Bank of Grand Haven v. ZeimsSupreme Court of Iowa · 1894
- Shelley v. SmithSupreme Court of Iowa · 1896
- Pardey v. Inc. Town of MechanicsvilleSupreme Court of Iowa · 1897
26 more not listed; retrieve them via the Exa API.