Legal Opinion

Nutter v. Ricketts

Supreme Court of Iowa

Decided June 10, 1858PublishedCited by 8 opinions

Appeal from the Dubuque District Oowrt. This was in the nature of an action of trover, for taking from the possession of the plaintiff two horses, which were his property ; one of which was named Young Alick, and the other Burntside, and converting them to the defendant’s use. A demand is alleged. The plaintiff also avers that the defendant sold the horses and converted the proceeds of such sale, and he claims damages in the sum of one thousand dollars.

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Appeal from the Dubuque District Oowrt. This was in the nature of an action of trover, for taking from the possession of the plaintiff two horses, which were his property ; one of which was named Young Alick, and the other Burntside, and converting them to the defendant’s use. A demand is alleged. The plaintiff also avers that the defendant sold the horses and converted the proceeds of such sale, and he claims damages in the sum of one thousand dollars. The defendant, answering, denies the claim of one thousand dollars, and says that he took the horses as sheriff of Dubuque county, from the…

1Opinion of the CourtWoodward, J.

— The first error assigned, is to the overruling a motion of defendant, to exclude the deposition of Loren Gr. Butler, for the reason that one of the attorneys of the plaintiff was present before the commissioner, at the time of taking the deposition, and influenced him and the witness, in a manner prejudicial to the rights of defendant ; and a bill of exceptions shows that on the hearing of this motion, one of plaintiff’s attorneys stated that he went to Chicago to see that the deposition was taken, and that the witness should attend, and should testify to all he knew; that he was with…

2Cited by8 opinions

  1. Niblo v. Parr Manufacturing, Inc.Supreme Court of Iowa · 1989
  2. Springer v. City of ChicagoIllinois Supreme Court · 1891
  3. Southern Pacific Co. v. WilsonArizona Supreme Court · 1906
  4. State of Oregon v. BlackOregon Supreme Court · 1951
  5. Morrison v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892

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