Wilhelmi v. Leonard
Supreme Court of Iowa
Appeal from, Scott District Court. This was an action by tbe plaintiff as mortgagee of one Nicholas Yeitbs, against tbe defendant, Leonard, as sheriff of Scott county, for unlawfully taking, and for tbe conversion of certain personal property, of which plaintiff alleges he was the lawful owner and of which he was entitled to the possession.
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Appeal from, Scott District Court. This was an action by tbe plaintiff as mortgagee of one Nicholas Yeitbs, against tbe defendant, Leonard, as sheriff of Scott county, for unlawfully taking, and for tbe conversion of certain personal property, of which plaintiff alleges he was the lawful owner and of which he was entitled to the possession. The plaintiff claims title by virtue of a chattel mortgage given to him on said property, dated the 11th day of November, 1857. This mortgage was given to secure the payment of a note made by Yeiths to plaintiff for-$1,200. Other parties were the owners of…
1Opinion of the CourtBaldwin, C. J.
The first error assigned, is, that the court erred in sustaining an objection to a question ashed the witness, Henry Ott, upon the cross-examination. The witness is asked whether plaintiff did not tell him at or about the time of the levy, that he knew the property levied on belonged to Veiths, and his creditors could hold it. The plaintiff objected to this question upon the ground that it was not proper upon cross examination, as no such conversation was referred to on the direct examination. The evidence is not before us in the shape of questions and answers, but is detailed in the record…
2Cases cited7 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Crary v. SpragueNew York Supreme Court · 1834
- Wickersham v. ReevesSupreme Court of Iowa · 1855
- Torbert v. HaydenSupreme Court of Iowa · 1861
- Eyser v. WeissgerberSupreme Court of Iowa · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mason v. MessengerSupreme Court of Iowa · 1864
- Hughes v. CorySupreme Court of Iowa · 1866
- Linscott v. LamartSupreme Court of Iowa · 1877
- First National Bank of Waterloo v. ElmoreSupreme Court of Iowa · 1879
- State v. SpurrWest Virginia Supreme Court · 1925
11 more not listed; retrieve them via the Exa API.