Carpenter v. Scott
Supreme Court of Iowa
Appeal from Calhotm District Court. — Hon. J. P. Connor, Judge. Action in three counts to recover damages for an alleged willful, malicious, and unlawful taking, injuring, and conversion of a certain stock of jewelry, fixtures, safe, showcase, and jeweler’s tools, kept by the plaintiff in his business as a jeweler in a certain .storeroom, and for the wrongful taking and detention of the possession of said room.
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Appeal from Calhotm District Court. — Hon. J. P. Connor, Judge. Action in three counts to recover damages for an alleged willful, malicious, and unlawful taking, injuring, and conversion of a certain stock of jewelry, fixtures, safe, showcase, and jeweler’s tools, kept by the plaintiff in his business as a jeweler in a certain .storeroom, and for the wrongful taking and detention of the possession of said room. The first count charges-, that the defendants took possession of the storeroom and contents, and detained the same, thereby preventing the plaintiff from pursuing his business as a…
1Opinion of the CourtGiven, J.
1. Attachment: wrongful levy: conversion: evdence. I. On the trial, the plaintiff introduced evidence to show. that the defendant Scott took possession of other property of the plaintiffs than that enumerated in his return npon the attachment. At the close of the plaintiff’s testimony the defendants moved to strike all the evidence of witnesses in regard *566to what property was seized under the attachment, for the reason that the return of the officer in evidence was the only competent evidence as to what was seized. The appellants first complained in argument of the overruling of this motion.…
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