Montgomery v. Alden
Supreme Court of Iowa
Appeal from Greene District Court.— Hon. Z. A. Church, Judge. Action to recover the possession of eighteen head of hogs. Among other things defendants pleaded a former judication as to the'ownership of the property in a search warrant proceeding before a justice of the peace. Trial to a jury, directed verdict for defendants, and plaintiffs appeal.—
1Opinion of the CourtDeemer, J.
It is agreed by counsel that the only question for our determination arises upon the plea of former adjudication. It appears without controversy that plaintiffs herein caused a search warrant to be issued out of the office of a justice of the peace for the identical animals involved in this controversy; that the hogs were seized under the writ, and that defendants herein appeared before the justice and made claim to the animals as- their property; that plaintiffs appeared in the proceedings, employed counsel to represent them, and gave testimony to the effect that they owned the hogs.…
2Cases cited3 opinions
- Stoddard v. ThompsonSupreme Court of Iowa · 1870
- Baxter, Reed & Co. v. MyersSupreme Court of Iowa · 1892
- Marsh v. SmithSupreme Court of Iowa · 1887
3Cited by11 opinions
- Hoskins v. Hotel Randolph Co.Supreme Court of Iowa · 1927
- In Re Richardson's EstateSupreme Court of Iowa · 1958
- Leach v. First Nat. Bk. of Ft. DodgeSupreme Court of Iowa · 1928
- Coleman v. BosworthSupreme Court of Iowa · 1917
- International Indemnity Co. v. SteilCourt of Appeals for the Eighth Circuit · 1929
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