Nevan v. Roup
Supreme Court of Iowa
Appeal from the Iowa District Court. This was an action of replevin, commenced before a justice of the peace, for two hundred and fifty bushels of oats.
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Appeal from the Iowa District Court. This was an action of replevin, commenced before a justice of the peace, for two hundred and fifty bushels of oats. The defendant answered, denying the unlawful detention complained of, and averring that the oats were the property of J. W. & H. Stratton ; and said Strattons being indebted to the defendant in the sum of $12,25 for the threshing of the oats, he claims a lien upon the oats for that amount; and being further indebted to defendant in the sum of $16,00 for board, they delivered the same to defendant, to secure the payment of said last mentioned…
1Opinion of the CourtStockton, J.
The objections made to the sufficiency of the notice to take the deposition of Stratton, are obviated *210by the fact that defendant appeared and cross-examined the witness.
The defendant further objected to the deposition, that no reason was shown why the same was taken. The witness, in reply to the first interrogatory, stated that he resides in St. Louis, Missouri; and that he intended to be present in attendance at the next term of the court, if alive and well. The deposition was taken before the clerk of the district court of Iowa county, on the 13th of May, 1858. The next term of the district…
2Cases cited1 opinion
- Brownell v. HawkinsNew York Supreme Court · 1848
3Cited by12 opinions
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- Cottrell v. GersonAppellate Court of Illinois · 1938
- Lanza v. LeGrand Quarry Co.Supreme Court of Iowa · 1904
- Caldwell v. Auto Sales & Supply Co.Court of Appeals of Texas · 1913
- Pattison v. DaleCourt of Appeals for the Sixth Circuit · 1912
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