Waide v. Joy
Supreme Court of Iowa
Appeal from Louisa Circuit Court. Action of replevin to recover possession of a song-book said to be worth one dollar and twenty-five cents, and to recover twenty dollars as damagés for the wrongful detention of the song-book. The action was brought before a justice of the peace. A writ of replevin was issued and served; the book was taken by the officer and delivered to the plaintiff.
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Appeal from Louisa Circuit Court. Action of replevin to recover possession of a song-book said to be worth one dollar and twenty-five cents, and to recover twenty dollars as damagés for the wrongful detention of the song-book. The action was brought before a justice of the peace. A writ of replevin was issued and served; the book was taken by the officer and delivered to the plaintiff. The defendants then tendered and paid into the justice’s court the costs which had been made, and as damages for the detention more than the value of the book. This the plaintiff declined to accept. There was a…
1Opinion of the CourtAdams, J.
The bill of exceptions does not show the amount which the plaintiff recovered. ■ If it was greater than the amount -tendered then the tender would not, of course, affect the question of the taxation of costs. But we think we may assume that the amount recovered was less. The bill of exceptions and certificate of the judge show that a question arose as to whether the tender was kept good, ánd it is upon that question that the court below certifies that it is desirable to have the opinion of this court. It is not for us to say that the question - did not arise and dispose of the case upon…
2Cases cited1 opinion
- Mohn v. StonerSupreme Court of Iowa · 1862