Palmer v. Palmer
Supreme Court of Iowa
Appeal from Lucas District Court. — Hon. Charles D. Leggett, Judge. Action for the recovery of specific personal property, of which plaintiff claims right of possession as absolute owner thereof. Defendant answered, denying that plaintiff was owner, or entitled to possession, of any part of the property in question, and alleging that she is the absolute owner, and entitled to retain possession thereof.
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Appeal from Lucas District Court. — Hon. Charles D. Leggett, Judge. Action for the recovery of specific personal property, of which plaintiff claims right of possession as absolute owner thereof. Defendant answered, denying that plaintiff was owner, or entitled to possession, of any part of the property in question, and alleging that she is the absolute owner, and entitled to retain possession thereof. She also alleges, by way of cross bill or counterclaim, grounds for equitable relief, and on her motion the case was transferred to the equity docket, and tried as an equity case. Decree was…
1Opinion of the CourtGriVEN, J.
I. Appellant’s first contention is that the court erred in overruling his motion to strike that part of appellee’s answer set up as a cross bill or counterclaim, and in sustaining appellee’s motion to transfer the case to the equity docket. The following is a sufficient statement of the pleadings and proceedings for an understanding of these questions: Plaintiff commenced this action at law for the recovery of specific personal property, namely, a certain retail stock of merchandise in a store kept by him in Char-iton, a safe used in said store, and certain promissory notes and books of…
2Cases cited2 opinions
- Beroud v. LyonsSupreme Court of Iowa · 1892
- Muir v. MillerSupreme Court of Iowa · 1891
3Cited by12 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Kostelecky v. ScherhartSupreme Court of Iowa · 1896
- Cole v. MarshSupreme Court of Iowa · 1894
- Twogood v. AlleeSupreme Court of Iowa · 1904
- J. J. Smith Lumber Co. v. Scott County Garbage Reducing & Fuel Co.Supreme Court of Iowa · 1910
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