Buck v. Rhodes
Supreme Court of Iowa
Appeal from Webster District Court. Rhodes brought replevin against Buck and filed the usual bond. At the return term, owing to some informality, ho withdrew his action, which was followed by an order for the return of the property. Buck then brought this action on the bond. An answer was filed setting up property in the goods replevied, in Rhodes, and that they came into the possession of Buck wrongfully, setting forth particularly the circumstances.
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Appeal from Webster District Court. Rhodes brought replevin against Buck and filed the usual bond. At the return term, owing to some informality, ho withdrew his action, which was followed by an order for the return of the property. Buck then brought this action on the bond. An answer was filed setting up property in the goods replevied, in Rhodes, and that they came into the possession of Buck wrongfully, setting forth particularly the circumstances. To this answer there was a demurrer, which was overruled,. The plaintiff stood upon his demurrer, and appeals. I. The defendants are estopped…
1Opinion of the CourtWright, J.
The question of title or ownership to the property in dispute was not settled by the judgment in the •¡replevin suit, and it was therefore competent for the defend*350ants to insist upon such ownership in themselves in mitigation of damages. The plaintiff was only entitled to recover such damages as he showed himself entitled to, and in determining this, the question of ownership, under the circumstances disclosed, was entirely pertinent. The judgment in the replevin action, in no proper or legal sense, estopped the defendant from contesting the ownership of the property. Whatever real or actual…
2Cases cited1 opinion
- Hall v. SmithSupreme Court of Iowa · 1859
3Cited by3 opinions
- Hayden ex rel. Adams v. AndersonSupreme Court of Iowa · 1864
- Hawley v. WarnerSupreme Court of Iowa · 1861
- Holcomb v. BrickleySupreme Court of Rhode Island · 1879