Robinson v. Halley
Supreme Court of Iowa
Appeal from Story District Court.— Hon. J. H. Richard, Judge. The plaintiff brought two suits to recover damages caused by trespassing stock, and the- cases were consolidated and tried as one in the district court. The defendant counterclaimed for damages for an assault and battery. There was a verdict and judgment for the plaintiff, from which the defendant appeals.
1Opinion of the Court
Sherwin, T.
The trespassing stock was distrained by the plaintiff and kept by him several weeks before it was released to the owner, and a part of his claim was for keeping the stock during that time. There were no trustees in the township wherein the stock was distrained, and consequently the plaintiff could not comply with the terms of section 2317 of the Code, which provides for an assessment of damages by the township trustees. The statute gives the right of distraint, and allows the cost of keeping during such distraint, and it is evident that the injured party cannot lose those rights by…
2Cases cited1 opinion
- Myers v. WrightSupreme Court of Iowa · 1876
3Cited by8 opinions
- Shors v. ShorsSupreme Court of Iowa · 1906
- Martin v. MartinSupreme Court of Louisiana · 1922
- Fekany v. FekanySupreme Court of Florida · 1935
- Phillips v. PhillipsSupreme Court of Florida · 1941
- State v. HickmanSupreme Court of Iowa · 1923
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