Taylor v. Rockwell
Supreme Court of Iowa
Appeal from Monroe District Court. The 'plaintiff brought an action of replevin before a justice of the peace, to recover the possession of a two-horse wagon taken by the defendant, as sheriff, by virtue of a levy under an execution against the plaintiff. The justice rendered a judgment in favor of the plaintiff. The defendant removed the cause to the District Court by writ of error, where the judgment of the justice was affirmed.
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Appeal from Monroe District Court. The 'plaintiff brought an action of replevin before a justice of the peace, to recover the possession of a two-horse wagon taken by the defendant, as sheriff, by virtue of a levy under an execution against the plaintiff. The justice rendered a judgment in favor of the plaintiff. The defendant removed the cause to the District Court by writ of error, where the judgment of the justice was affirmed. From this judgment the defendant appeals to this court.
1Opinion of the CourtBaldwiN, J.
The appellant in his application to the District Court for a writ of error, as cause therefor, avers that the justice erred in rendering a judgment against him upon the testimony in the case. From the bill of exceptions, we find that the District Court affirmed the judgment of the justice, upon the ground that upon the error assigned a writ of error was not the proper remedy; that if the appellant was aggrieved by the finding of the justice, upon the evidence, his only remedy was by appeal. The appellant claims that as the evidence introduced upon the trial was all properly before the…
2Cited by6 opinions
- State v. RoneySupreme Court of Iowa · 1873
- Lane & Wilson v. GoldsmithSupreme Court of Iowa · 1867
- Anthes v. BooserSupreme Court of Iowa · 1900
- Ayres v. CrumSupreme Court of Kansas · 1874
- Yarcho v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
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