Garvin v. Wells
Supreme Court of Iowa
Appeal from the DesMoines District Court. The plaintiff sued before a justice of the peace, claiming fifty dollars for the value of a dog, killed by defendant. The answer admits the killing (says, however, that the animal killed was a bitch); that at the 'time he was the regularly authorized and acting marshal of the city of Burlington, and that there w'as an ordinance in force in said city in relation to dogs.
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Appeal from the DesMoines District Court. The plaintiff sued before a justice of the peace, claiming fifty dollars for the value of a dog, killed by defendant. The answer admits the killing (says, however, that the animal killed was a bitch); that at the 'time he was the regularly authorized and acting marshal of the city of Burlington, and that there w'as an ordinance in force in said city in relation to dogs. (This ordinance is referred to as being found on page 56 of the revised ordinances of said city, and in no other manner.) The answer also states, that before the killing, defendant had…
1Opinion of the CourtWright, C. J.
The errors assigned are: 1. For reversing the judgment of the justice, &c.; 2. In rendering final judgment and dismissing the cause, instead of remanding the same to the justice.
However weighty or important the questions raised by the appellant by his demurrer, may be, as abstract propositions, we do not conceive it necessary to examine them, as the record stands in this case. It will be observed that there is no objection made to the form of the answer, nor to the fact that the ordinance relied upon, is not properly made a part of the pleading. The points made by the demurrer, relate to the…
2Cases cited1 opinion
- Conboy v. Iowa CitySupreme Court of Iowa · 1855
3Cited by9 opinions
- Allen v. StateSupreme Court of Florida · 1906
- Goodrich v. BrownSupreme Court of Iowa · 1870
- Swan v. BournesSupreme Court of Iowa · 1877
- Roloff v. PerdueDistrict Court, N.D. Iowa · 1939
- City of Winona v. BurkeSupreme Court of Minnesota · 1876
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