Legal Opinion

Battis v. McCord

Supreme Court of Iowa

Decided October 26, 1886PublishedCited by 5 opinions

Appeal from Marshall Circuit Cotwt. AotioN to recover specific personal property. Trial by j ury. Judgment for the plaintiff, and defendants appeal.

1Opinion of the Court

&EEVERS, j.

-The petition states that tbe plaintiff is tbe sdle and unqualified owner of tbe property in controversy, and that tbe defendant McOord, as sheriff, levied upon and toot possession thereof under an attachment against one Dart, and that a demand in writing has been made on the defendant McOord for a return of the property. The defendant justified the taking under an attachment against Dart, admitted that a demand had been made as provided by law, and pleaded a general denial. The plaintiff is a dealer in lumber, and the evidence tends to show that Dart called on the plaintiff with a…

2Cited by5 opinions

  1. Loew's Nashville & Knoxville Corp. v. DurrettCourt of Appeals of Tennessee · 1934
  2. Smith v. Middle States Utilities Co.Supreme Court of Iowa · 1940
  3. Gray v. Central Minnesota Immigration Co.Supreme Court of Iowa · 1905
  4. Murray v. Brotherhood of American YeomenSupreme Court of Iowa · 1917
  5. Brookside Brick Co. v. KoblitzCuyahoga Circuit Court · 1907

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