Hart v. Livingston
Supreme Court of Iowa
Appeal from Jasper Circuit Court. ' Monday, July 25. Replevin for thirteen fatted hogs. Plaintiff claims that he bought the hogs, with twelve others, from the Livingstons, “ with the privilege of taking and shipping them at his option.”
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Appeal from Jasper Circuit Court. ' Monday, July 25. Replevin for thirteen fatted hogs. Plaintiff claims that he bought the hogs, with twelve others, from the Livingstons, “ with the privilege of taking and shipping them at his option.” The Livingstons, after this alleged purchase, sold the hogs in dispute to McCalmort & Bros., who, bought, on the same day that plaintiff’s writ was served, replevin against plaintiff, and afterward these actions were, on plaintiff’s motion, consolidated. Trial and verdict for the Livingstons ; judgment in favor of McCalmort & Bros, against plaintiff for costs,…
1Opinion of the Court
Weight, J., 1. Practice : error without prejudice. First, of some minor matters. The. failure to give to the jury the pleadings in the case commenced by McCalmort & Bros, was not , m, reversible error. Ihe court was not asked to do so. The plaintiff, by his amended petition after the consolidation, made his entire case. To this all the parties answered, and there was really but one case before the jury, and the pleadings in this, it is admitted, they had.
An instruction, that if the jury found for defendants, *219they should ascertain the value of the property, was of no practical moment, though…
2Cases cited3 opinions
- Veiths v. HaggeSupreme Court of Iowa · 1859
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1863
- Fairchild v. DennisonSupreme Court of Pennsylvania · 1835
3Cited by4 opinions
- Winner v. BaumanWisconsin Supreme Court · 1871
- United States Fidelity & Guaranty Co. v. Davenport Bank & Trust Co.Supreme Court of Iowa · 1936
- Whisler v. DrakeSupreme Court of Iowa · 1872
- Davis v. McClellandMissouri Court of Appeals · 1914