Legal Opinion

Funk & Hardman v. Israel

Supreme Court of Iowa

Decided January 12, 1858PublishedCited by 12 opinions

Appeal from the Muscatine District Court. This was an action of replevin, to recover the possession of five barrels of “ high wines,” of the alleged value of $75. By the petition, it is averred that defendant, by virtue of a search warrant, issued by the mayor of the city of Muscatine, seized and carried off the said property, and wrongfully detains the same ; that plaintiffs are entitled to the present possession thereof; that although the same was taken from them by a…

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Appeal from the Muscatine District Court. This was an action of replevin, to recover the possession of five barrels of “ high wines,” of the alleged value of $75. By the petition, it is averred that defendant, by virtue of a search warrant, issued by the mayor of the city of Muscatine, seized and carried off the said property, and wrongfully detains the same ; that plaintiffs are entitled to the present possession thereof; that although the same was taken from them by a pretended legal process, yet that said property was exempt from seizure on such process, and was lawfully in possession of…

1Opinion of the Court

Stockton, J.*

At common law, the owner of a chattel might, by the action of replevin, take it from the possession of any person who unlawfully held it, unless it was in the custodyof the law. If wrongfully taken by virtue of legal process, the remedy of the owner was by action of trespass, or trover, against the officer; for the common law would not grant process to take fronfan officer, goods which he had taken by legal process already issued. Cromwell v. Owings, 7 Harr. & Johnson, 55; Ilsley v. Stubb, 5 Mass. 280. Our statute has, however, so far altered the common law, that a person…

2Cases cited1 opinion

  1. Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809

3Cited by12 opinions

  1. State v. CainWest Virginia Supreme Court · 1882
  2. State v. TaggartSupreme Court of Iowa · 1919
  3. Fries & Co. v. PorchSupreme Court of Iowa · 1878
  4. Hines v. StahlSupreme Court of Kansas · 1908
  5. State v. HarrisSupreme Court of Iowa · 1874

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