Prichard v. Hopkins
Supreme Court of Iowa
Appeal from, Plymouth Circuit Court. Replevin for a large quantity of wheat and oats. Tbe plaintiff claims tbe absolute ownership of tbe grain, and alleges that tbe same was raiéed and grown by him. The petition shows the alleged canse of detention is that defendant as sheriff levied upon the grain under an execution issued on a 'judgment against Godfried Houser, and in favor of J. L Case & Oo.
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Appeal from, Plymouth Circuit Court. Replevin for a large quantity of wheat and oats. Tbe plaintiff claims tbe absolute ownership of tbe grain, and alleges that tbe same was raiéed and grown by him. The petition shows the alleged canse of detention is that defendant as sheriff levied upon the grain under an execution issued on a 'judgment against Godfried Houser, and in favor of J. L Case & Oo. The answer as a defense sets up tbat defendant, as sheriff of Plymouth county, levied an execution as stated in the petition upon the grain, which it is alleged is subject to seizure upon the execution…
1Opinion of the Court
Beck, Ch. J.
i. ruACTicrc: noTaflecting merits. I. IJpon the motion of defendants, based upon a showing as to the value of the property, the plaintiff was required by proper order to give additional security in the action by increasing the penalty of the replevin bond. This order is made the first ground of objection to the judgment. The decision of the court in no manner affected the rights of the parties in the trial of the case. The verdict and judgment could not have been different had the motion been overruled. It cannot lie said that there is any error in the judgment by reason of the…
2Cases cited1 opinion
- Hamilton v. BishopSupreme Court of Iowa · 1867
3Cited by5 opinions
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Bean v. BickleySupreme Court of Iowa · 1919
- In Re Estate of KinnanSupreme Court of Iowa · 1934
- Richardson v. ShortSupreme Court of Iowa · 1925
- Gallagher v. McBrideSupreme Court of New Jersey · 1899