Kingsbury v. Buchanan
Supreme Court of Iowa
Appeal from Clinton, District Court. The plaintiff by her action of replevin seeks to recover from defendant the possession of sixteen hundred and fifty head of hogs, and one hundred and fifty head of cattle, which she claims defendant wrongfully detains from her.
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Appeal from Clinton, District Court. The plaintiff by her action of replevin seeks to recover from defendant the possession of sixteen hundred and fifty head of hogs, and one hundred and fifty head of cattle, which she claims defendant wrongfully detains from her. The defendant in his ansiver denies the allegations of the petition, and pleads in justification, that as the sheriff of Clinton County there was placed in his hands for execution certain writs of attachment; one in favor of Coolbaugh & Brooks, one in favor of Charles H. Toll, and an execution in favor of Doan, King & Co., each…
1Opinion of the CourtBaldwin, J.
I. The objection of plaintiff to the testimo*390ny of Haun was properly overruled, not only for the reason that it was made too late, but for the further reason that his interest, if any, was equally balanced. Haun was introduced by defendant after his relative position was fully known to the plaintiff, both by the pleadings and by the*evidence of Waterman given before Haun was called upon the stand. A party is not prevented from taking an objection to the testimony of a witness at any time during the trial, provided it is made as soon as the interest is discovered. 1 Greenl. Ev. section 421. In…
2Cited by15 opinions
- Splahn v. GillespieIndiana Supreme Court · 1874
- Haggerty v. Sherburne Mercantile Co.Montana Supreme Court · 1947
- Rick v. BoegelSupreme Court of Iowa · 1973
- Spooner v. RossMissouri Court of Appeals · 1887
- Garretson v. ReederSupreme Court of Iowa · 1867
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