Legal Opinion

Kinney v. McDermot

Supreme Court of Iowa

Decided April 20, 1881PublishedCited by 10 opinions

Ajpfeal from Buena Vista Gi/reuit Cowt. This is an action of replevin and the amount in controversy is less than $100. There was a trial by jury. There was no conflict in the evidence. The court instructed the jury to return a verdict for the plaintiff. Defendant appeals.

1Opinion of the CourtRothrook, J.

— The trial judge made the following certificate upon which we are authorized under the statute to enter-. tain the appeal.

I. On Sunday plaintiff agreed with defendant, at the house of the latter, to give defendant a horse and twenty-five dollars in exchange for a horse of defendant. This was consented to and on the same day pursuant to said agreement plaintiff left his horse with defendant and took the horse of the latter away. The money was to be paid the following Sunday at the house *675of plaintiff. On Tuesday, following the exchange, defendant, in the absence of plaintiff and without his…

2Cases cited1 opinion

  1. Pike v. KingSupreme Court of Iowa · 1864

3Cited by10 opinions

  1. Canning v. BennettSupreme Court of Oklahoma · 1952
  2. Kelley v. CosgroveSupreme Court of Iowa · 1891
  3. Gunderson v. RichardsonSupreme Court of Iowa · 1881
  4. Stover v. FlowerSupreme Court of Iowa · 1903
  5. Wilson v. CalhounSupreme Court of Iowa · 1915

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