Cassel v. Western Stage Co.
Supreme Court of Iowa
Appeal from Polk District Court. REPLEVIN. The petition claims “of defendants the possession of plaintiff’s certain hay mare,” &c. After stating that he is entitled to the present possession of the property, he avers that the alleged cause of detention is, that defendants purchased the said mare of some person unknown to .him. The answer denies all the allegations of the petition, and claims that defendants never had the property in their possession.
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Appeal from Polk District Court. REPLEVIN. The petition claims “of defendants the possession of plaintiff’s certain hay mare,” &c. After stating that he is entitled to the present possession of the property, he avers that the alleged cause of detention is, that defendants purchased the said mare of some person unknown to .him. The answer denies all the allegations of the petition, and claims that defendants never had the property in their possession. Replication, that the property was in their possession, and claiming title to the same. The property was not fomid by the sheriff. The jury…
1Opinion of the CourtWright, J.
The objection made in this court, relates alone to the action of the District Court, in overruling the motions in arrest and for a new trial. And the point made is, that the verdict did not settle and determine that plaintiff was entitled to the possession of the property at the time he instituted his suit; that it determines the ownership alone, a question not made by the pleading, or if made, it was immaterial, and when settled, determined nothing in this form of action.
It is true that the question to be determined in this acttion under the statute is, in whom was the right of possession at…
2Cited by11 opinions
- Rick v. BoegelSupreme Court of Iowa · 1973
- Varvaris v. VarvarisSupreme Court of Iowa · 1963
- Kimball v. RedfieldOregon Supreme Court · 1898
- Campbell v. WilliamsSupreme Court of Iowa · 1874
- Krebs Hop Co. v. TaylorOregon Supreme Court · 1908
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