Sunberg v. Babcock
Supreme Court of Iowa
Appeal from Jones District Ooii/rt. Action to recover the value of a stock of goods which the plaintiff claims the defendant wrongfully took into his possession.
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Appeal from Jones District Ooii/rt. Action to recover the value of a stock of goods which the plaintiff claims the defendant wrongfully took into his possession. The defendant admits the taking of the goods under certain writs of attachment in his hands as sheriff against P. and N. Ohlquist, and he claims that the goods belonged to them, and also that a sale of the goods to the plaintiff by the attachment debtors was fraudulent and void, because it was made to hinder and delay creditors. One of the latter was, by consent, made a defendant, and pleaded the same defense. Trial by jury. Yerdict…
1Opinion of the CourtSeevers, J.
I. Twenty-two errors are assigned, and seventeen are argued. Under the issue it was incumbent on the plaintiff to prove that the goods in controversy belonged to him. To establish such fact, the plaintiff introduced as a witness N. Ohlquist, who gave evidence tending to show a sale of the goods by P. and N. Ohlquist to the plaintiff, and. the amount paid therefor by the latter, and when the plaintiff had furnished the money to pay for the goods. The witness was at great length cross-examined by the defendants, *517and nine of the errors argued are based on the thought that the cross-examination…
2Cases cited4 opinions
- Hall v. WolffSupreme Court of Iowa · 1883
- Lyman v. CessfordSupreme Court of Iowa · 1863
- Hammond v. S. C. & P. R. Co.Supreme Court of Iowa · 1878
- Sweet v. WrightSupreme Court of Iowa · 1883
3Cited by15 opinions
- Martin v. ParkinsNorth Dakota Supreme Court · 1927
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Connelly v. NolteSupreme Court of Iowa · 1946
- State v. HutchinsonSupreme Court of Iowa · 1895
- Lewis v. BakerSupreme Court of Iowa · 1960
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