McIntire v. McIntire
Supreme Court of Iowa
Appeal from Muscatine District Cow't. Action to recover possession of a threshing machine, on the ground that plaintiff was the owner thereof. The answer denied the several allegations in the petition, and by way of counterclaim alleged the defendant had been damaged in the sum of seven hundred dollars by reason of the suing “out of a writ of replevin against this defendant, and causing the same to be levied” on said machine.
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Appeal from Muscatine District Cow't. Action to recover possession of a threshing machine, on the ground that plaintiff was the owner thereof. The answer denied the several allegations in the petition, and by way of counterclaim alleged the defendant had been damaged in the sum of seven hundred dollars by reason of the suing “out of a writ of replevin against this defendant, and causing the same to be levied” on said machine. There was a jury trial, verdict and judgment for the defendant, and the plaintiff appeals.
1Opinion of the CourtSeevers, J.
1. practice : pleading: suíHciency of. I. The fourth and fifth instructions recognize the principle, and authorize the jury to give the defendant damages for the wrongful taking and detention of . the machine. It is urged these instructions, under the pleadings, are erroneous; that a counter-claim cannot be pleaded in an action of this character. Code, § 3226. Therefore the answer presented an immaterial issue, and should have ijjeen disregarded. The answer stated “that defendant, by way of counter-claim, * * claims of plaintiff * * seven 'hundred-dollars, * * and that by reason-of the…
2Cited by3 opinions
- Wimer v. AllbaughSupreme Court of Iowa · 1889
- Kendig v. OverhulserSupreme Court of Iowa · 1882
- Great Western Printing Co. v. TuckerSupreme Court of Iowa · 1887