Wetmore v. McMillan
Supreme Court of Iowa
Appeal from Guthrie District Court. On the 20th day of July, 1878, the plaintiff commenced against the defendant, James McMillan, sheriff, an action of replevin for certain personal property, alleging that the plaintiff is the owner and entitled to the immediate possession thereof. A writ of replevin was issued and the plaintiff was placed in possession of said property.
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Appeal from Guthrie District Court. On the 20th day of July, 1878, the plaintiff commenced against the defendant, James McMillan, sheriff, an action of replevin for certain personal property, alleging that the plaintiff is the owner and entitled to the immediate possession thereof. A writ of replevin was issued and the plaintiff was placed in possession of said property. The defendant answered, averring that he seized said goods, and held possession thereof, by virtue of a writ of attachment issued in a proceeding wherein one C. H. Zinn was plaintiff and one J. A. Thompson was defendant, and…
1Opinion of the CourtDay, J.
l. practice in the supreme court, I. No complaint is made of the order of the court striking out the second count of the petition of inter-vention. The ruling is clearly in accord with the . holding of this court in Hecht v. Springstead, 51 Iowa, 502; and Brewster v. Dryden & Berry, 53 Id., 657. The appellant contends that when it is conceded that the court could not take jurisdiction of the matter set up in the second count of the petition, the appellee in effect surrenders his whole case, because the relief prayed is predicated upon the whole petition, and no separate relief is asked on the…
2Cases cited6 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Kidder v. . HorrobinNew York Court of Appeals · 1878
- Goodrich v. WilsonMassachusetts Supreme Judicial Court · 1876
- Hecht, Reed & Co. v. SpringsteadSupreme Court of Iowa · 1879
- Matter of Selby Farms, Inc.United States Bankruptcy Court, S.D. Mississippi · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ingraham v. Merchants National BankSupreme Court of Iowa · 1911
- Smith & Crittenden v. PriceSupreme Court of Iowa · 1882