Parmlee v. Leonard
Supreme Court of Iowa
Appeal from Scott District Court. ACTION in trespass. Verdict and judgment for the defendant. The plaintiff appeals. The material facts appear in the opinion of the court: I. The plea is the general issue, or a general denial. It is not competent for the defendant, who is a wrong doer, to show title in another, without the authority of such alleged owner. DimmicJc v. Chapman, 11 John. 132; Coolc v. Howard, 18 lb. 284; Pishe v. Small, 25 Maifte 457; Thompson y.
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Appeal from Scott District Court. ACTION in trespass. Verdict and judgment for the defendant. The plaintiff appeals. The material facts appear in the opinion of the court: I. The plea is the general issue, or a general denial. It is not competent for the defendant, who is a wrong doer, to show title in another, without the authority of such alleged owner. DimmicJc v. Chapman, 11 John. 132; Coolc v. Howard, 18 lb. 284; Pishe v. Small, 25 Maifte 457; Thompson y. Moore, 36, lb. 47. I. When the plaintiff, in an action of trespass, relies upon possession alone, that possession must be actual and…
1Opinion of the CourtWoodward, J.
The plaintiff sued in trespass, for the taking and carrying away by defendant, and converting to his own use, one covered buggy, two horses, one set of double harness, a rifle, and a gun, and one trunk, with its contents, containing, among other things, eleven hundred dollars in money, and clothing, in the county of Powesheik. The defendant pleaded, first, a denial, and second, in justifica-fion, in that at the suit of S. B. Pomroy & Co. against one Charles S. Parmlee, a writ of attachment was sued out from the District Court in Scott County, and directed to him as the sheriff of that county,…
2Cited by2 opinions
- Tice v. TiceSupreme Court of Iowa · 1929
- Vannice v. Greene, Traer & Co.Supreme Court of Iowa · 1864