Legal Opinion

Lemp v. Fullerton

Supreme Court of Iowa

Decided June 1, 1891PublishedCited by 3 opinions

Appeal from Des Moines District Court. — Hon. Charles H. Phelps, Judge. Action to recover the possession of specific personal property. By direction of the court, the jury returned a verdict in favor of the plaintiff, and judgment was rendered thereon. The defendant appeals.

1Opinion of the CourtRobinson, J.

In the year 1889 the plaintiff was a brewer, engaged in business in St. Louis. In May of that year he shipped from St. Louis to Burlington, consigned to himself, a carload of beer. His agents at Burlington were Werthmueller & Ende. After the car containing the beer had been placed on a sidetrack at Burlington, it was opened by the agents named, but on the fifteenth day of May, before the beer had been removed, and while it was in the original casks in which it had been shipped, a part of it, including that in controversy, was seized by the defendant, as sheriff, by virtue of a search-warrant…

2Cases cited3 opinions

  1. Leisy v. HardinSupreme Court of the United States · 1890
  2. Funk & Hardman v. IsraelSupreme Court of Iowa · 1858
  3. State v. HarrisSupreme Court of Iowa · 1874

3Cited by3 opinions

  1. Shaide v. BrynjelfsonNorth Dakota Supreme Court · 1951
  2. P. Schoenhofen Brewing Co. v. ArmstrongSupreme Court of Iowa · 1894
  3. Buell v. French, Court of Common Pleas of Ohio, Franklin County, Civil Division1922

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