Boyce v. Wabash Railway Co.
Supreme Court of Iowa
Appeal from Lee District Cou/rt. The plaintiff is a resident of the state of Illinois, and brought this action under a statute of that state to recover double the value of a mule, the property of the plaintiff, killed by the defendant in said state. . There was a denial of the allegations of the petition, and affirmative defenses pleaded by tbe defendant.
Read the full summary
Appeal from Lee District Cou/rt. The plaintiff is a resident of the state of Illinois, and brought this action under a statute of that state to recover double the value of a mule, the property of the plaintiff, killed by the defendant in said state. . There was a denial of the allegations of the petition, and affirmative defenses pleaded by tbe defendant. Trial to tbe court, finding of facts and j udgment for the defendant, and plaintiff appealed, and afterward the defendant appealed.
1Opinion of the CourtSeevers, J.
1. practice: exception to-single conclusion of law: sufficiently specific. I. The court found that the defendant killed a mule in the state of Illinois, which was the property of the plaintiff, under such circumstances as will entitle x the plaintiff to recover double its value under a x of that state. As a conclusion of law, the court held that, as the action was based on a statute of Illinois, it had no jurisdiction of the subject-matter, and rendered judgment for the defendant, to which the plaintiff excepted.
Counsel for the appellee insist that such a general exception is insufficient,…
2Cases cited10 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Morris v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Williams v. Pope Manufacturing Co.Supreme Court of Louisiana · 1900
- Texas & Pacific Railway Co. v. RichardsTexas Supreme Court · 1887
16 more not listed; retrieve them via the Exa API.