Wilkins v. Treynor
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Replevin. The facts are stated in the opinion of the Court.'
1Opinion of the CourtWright, J.
Replevin. After the service of the writ and the delivery of the property to the plaintiff, he appeared before the Clerk and dismissed his action, as he was authorized to do under § 3181 of the Revision of 1860. The costs were all paid, and the Clerk made the proper order of dismissal on the record. At the next term defendant moved to have the cause reinstated, for the purpose of assessing his damages. Plaintiff thereupon appeared and demanded a jury trial. This was refused and such refusal is now assigned for error.
Our statute does not provide, as did the act under which the case of Harman v.…
2Cases cited2 opinions
- Jansen v. EffeySupreme Court of Iowa · 1859
- Bryan v. StateSupreme Court of Iowa · 1856
3Cited by9 opinions
- McEwen v. FletcherSupreme Court of Iowa · 1914
- State ex rel. Clark v. NetererWashington Supreme Court · 1903
- Rhutasel v. RuleSupreme Court of Iowa · 1896
- State v. BelvelSupreme Court of Iowa · 1893
- Crist v. FrancisSupreme Court of Iowa · 1878
4 more not listed; retrieve them via the Exa API.