Day v. Dyer
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. R. M. Wright. Judge. This action was brought at law by plaintiff to recover the value of a certain bam on the premises of appellant, which was torn down by the defendants and moved off plaintiff’s land about February 10, 1912. The petition alleged that defendants acted wilfully, and plaintiff asked exemplary damages also.
Read the full summary
Appeal from Boone District Court. — Hon. R. M. Wright. Judge. This action was brought at law by plaintiff to recover the value of a certain bam on the premises of appellant, which was torn down by the defendants and moved off plaintiff’s land about February 10, 1912. The petition alleged that defendants acted wilfully, and plaintiff asked exemplary damages also. Trial was commenced to a jury and, after plaintiff had rested, the defendants filed an amendment to their answer, setting up an equitable issue, claiming that the warranty in the deed from the two Seibers to plaintiff did not express…
1Opinion of the CourtPreston, J.
— Plaintiff, having first perfected his appeal, is the appellant. The appellant and appellees have each filed an abstract setting out the evidence and proceedings on each appeal. Though largely questions of fact are presented as to the merits, we shall not attempt to set out the evidence at any length. It would be impracticable to do so. Twenty-eight pages of the abstracts are taken up with printing the pleadings and the several amendments thereto.
1. We shall first refer to the point made by plaintiff and the- alleged error in overruling, his motion to separate and try some of the issues at…
2Cases cited6 opinions
- Fisher v. TrumbauerSupreme Court of Iowa · 1912
- Slaughter v. McManigalSupreme Court of Iowa · 1908
- Pyne v. KnightSupreme Court of Iowa · 1906
- Stelpflug v. WolfeSupreme Court of Iowa · 1905
- Goodrich v. FogartySupreme Court of Iowa · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Tunnicliff v. BettendorfSupreme Court of Iowa · 1927
- Rankin v. TaylorSupreme Court of Iowa · 1927
- Wagner v. GlickSupreme Court of Iowa · 1916
- Consolidated Construction Co. v. BegunckSupreme Court of Iowa · 1943
- Wallace v. SpraySupreme Court of Iowa · 1956
8 more not listed; retrieve them via the Exa API.