May v. Wilson
Supreme Court of Iowa
Appeal from Lucas District Court. Appeal prom justice : new pleadings in district court, &a. — Action before justice of tbe peace, where defendant prevailed. Plaintiff appealed . to the District Court, and there recovered a judgment against defendant. Defendant now appeals to this court.
1Opinion of the CourtDillon, J.
i. appeal: The first question presented is, did the court err in allowing the plaintiff to file in the District Court a replication denying the set-off filed by the defendant before the justice?
The plaintiff’s action before the justice was upon a promissory note made by the defendant to the plaintiff, dated February 1, 1858. At the time fixed by the justice for trial, the plaintiff was not present, but the defendant appeared and pleaded a set-off for the value of a mare owned by the defendant and converted by the plaintiff to his own use. The justice allowed the.set-off, and deducting from it…
2Cases cited1 opinion
- Ruddick v. VailSupreme Court of Iowa · 1858
3Cited by3 opinions
- Warren v. ScottSupreme Court of Iowa · 1871
- Clow v. MurphySupreme Court of Iowa · 1879
- Harty v. D. M. & M. R.Supreme Court of Iowa · 1880