Harrow v. Ryan
Supreme Court of Iowa
Appeal from Lucas District Cowrt. Action of replevin. Thomas G. Ryan & -Co. became intervenors, claiming the ownership of the goods replevied. Plaintiff dismissed the action. Upon application of defendants it was retained • upon the 'docket for .the assessment of damages in their favor, should they show themselves entitled thereto. Ira B. Ryan and Thomas G. Ryan & Co. jointly ask judgment for the value of the property replevied; the same is asked for by Ira B. Ryan alone.
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Appeal from Lucas District Cowrt. Action of replevin. Thomas G. Ryan & -Co. became intervenors, claiming the ownership of the goods replevied. Plaintiff dismissed the action. Upon application of defendants it was retained • upon the 'docket for .the assessment of damages in their favor, should they show themselves entitled thereto. Ira B. Ryan and Thomas G. Ryan & Co. jointly ask judgment for the value of the property replevied; the same is asked for by Ira B. Ryan alone. The court, in determining the questions thus presented, found the following facts : 1. At the time of the commencement of…
1Opinion of the Court
33eok, J.
— The intervenors, Thomas G. Eyan & Co., claim, in this action, to recover the value of the property, *158because tbey were tbe owners and entitled to, and had the possession of, the goods when they were replevied. By their intervention and under their claim, they stand in the position of defendants in the action. After tbe property was taken from tbem upon tbe writ issued in tbis case tbey again acquired its possession by a subsequent action. It is tbe case of defendants in a replevin suit claiming to recover the value of the property replevied when it is established that, after tbe…
2Cases cited2 opinions
- De Witt v. MorrisNew York Supreme Court · 1835
- Gimble v. AckleySupreme Court of Iowa · 1861
3Cited by3 opinions
- Flickinger v. Mark IV Apartments, Ass'nSupreme Court of Iowa · 1982
- Barton v. ShullNebraska Supreme Court · 1901
- Otto v. BurchNebraska Supreme Court · 1897