McGinnis v. Hart
Supreme Court of Iowa
Appeal from the Wayne District Court. This action was commenced in October, 1856, upon a replevin bond, given by defendants to plaintiff, on 23d of January, 1851, in the penal sum of seven hundred dollars, conditioned to prosecute a suit in replevin brought by "W. B. Hart against this plaintiff, and to return the property replevied, if a return should be awarded.
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Appeal from the Wayne District Court. This action was commenced in October, 1856, upon a replevin bond, given by defendants to plaintiff, on 23d of January, 1851, in the penal sum of seven hundred dollars, conditioned to prosecute a suit in replevin brought by "W. B. Hart against this plaintiff, and to return the property replevied, if a return should be awarded. The petition lays the inducement and the breach, by stating the proceedings, in substance, as follows: In January, 1851, Hart sued out a writ of replevin to recover the possession of divers articles of personal property described in…
1Opinion of the CourtWoodward, J.
— The error first assigned is upon the court allowing the plaintiff to read in evidence, the writ of replevin issued in the former suit in replevin by Hart against McGinnis; and the third assignment is to the allowing plaintiff to read in evidence the petition of said Hart, the plaintiff in replevin. The counsel have hardly laid open their objections, or rather the grounds of them, in their arguments in support of their views, and we shall aim only at a general examination of them. It is not very apparent what objection of weight, exists to the introducing the records of the action in…
2Cited by1 opinion
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