Miller & Co. v. Steele
Supreme Court of Iowa
Appeal from Wapello Circuit Cov/rt. In September, 1870, the plaintiffs filed in the office of the clerk of the Monroe Circuit Court, their petition, claiming a sum of money of H. K. Steele and H. G-. Ellis, partners composing the firm of Steele & Ellis. 'On the 19th of February, 1871, the defendant, L. M. Steele, filed her petition of intervention in said case, and afterward, on her motion, the venue was changed to the Circuit Court of Wapello County.
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Appeal from Wapello Circuit Cov/rt. In September, 1870, the plaintiffs filed in the office of the clerk of the Monroe Circuit Court, their petition, claiming a sum of money of H. K. Steele and H. G-. Ellis, partners composing the firm of Steele & Ellis. 'On the 19th of February, 1871, the defendant, L. M. Steele, filed her petition of intervention in said case, and afterward, on her motion, the venue was changed to the Circuit Court of Wapello County. Afterward the defendant filed her amended petition, stating in substance that in September, 1870, the plaintiffs E. M. Miller & Co. sued out a…
1Opinion of the CourtDay, J.
At the September term, 1873, it was held by a majority of this court that the demurrer to the petition was improperly sustained, and the cause was reversed. A petition for rehearing having been filed, we have carefully reviewed the question presented, and have become convinced that the former determination was wrong. The sections of the statute bearing upon this question are contained in the Revision of 1860, and are as follows:
“ 2499. The personal property of the wife does not vest at once in the husband, but if left under his control, it will, in favor of third persons acting in good faith…
2Cases cited5 opinions
- Smith v. HewettSupreme Court of Iowa · 1862
- Presnall v. HerbertSupreme Court of Iowa · 1872
- Odell v. Lee & KinnardSupreme Court of Iowa · 1863
- Myers v. McDonaldSupreme Court of Iowa · 1869
- Mazouck v. Iowa Northern R. R.Supreme Court of Iowa · 1871