Legal Opinion
Schmidt v. Holtz
Supreme Court of Iowa
Decided October 20, 1876PublishedCited by 5 opinions
Appeal from Kossuth Gircidt Gou/rt. Replevin to recover two colts. There was a trial to the court without a jury, and a judgment for plaintiff. Defendant appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
The cause was tried in the court below upon the following agreed statement of facts:
“1. That plaintiff owns the property in controversy, and has so owned the same since 1869.
“ 2. That defendant has judgment for thirty dollars, obtained in the District Court of Kossuth county, Iowa, against John Schmidt, plaintiff’s husband, and rendered in 1870; and the defendant claims possession of the property under a levy by the sheriff, under an execution issued on said judgment, January 1, 1875.
“3, No notice was ever filed in the office of the recorder of Kossuth county, Iowa, where plaintiff resided,…
2Cases cited2 opinions
- Rosier v. HaleSupreme Court of Iowa · 1860
- Landis v. AbrahamsSupreme Court of Iowa · 1860
3Cited by5 opinions
- Jones v. German InsuranceSupreme Court of Iowa · 1899
- Watts v. EverettSupreme Court of Iowa · 1877
- Gamble v. Rural Independent School Dist.Court of Appeals for the Eighth Circuit · 1906
- Seeberger v. CampbellSupreme Court of Iowa · 1893
- Woods v. HavilandSupreme Court of Iowa · 1882