J. I. Case Threshing Machine Co. v. Merrill
Supreme Court of Iowa
Appeal from O'Brien Cireuit Court. Action commenced before a justice of the peace. An attachment was issued thereon, and certain oats levied upon. Olive Manly, wife of the defendant, whose property was attached, intervened, claiming to own the oats. There was a judgment for intervenor before the justice, and a like judgment upon appeal to the circuit court. ■ Plaintiff appeals to this court.
1Opinion of the CourtBeck, J.
I. Upon the trial in the circuit court, the intervenor and her husband having testified, substantially, that the oats attached and claimed by her were raised by her on her husband’s land under an oral agreement with him, the plaintiff moved the court to instruct the jury to find for the plaintiff against the intervenor. The motion was overruled, and thereupon the intervenor moved the court to instruct the jury to find for her, on the ground that she had established ownership of the property,'and the plaintiff had shown neither ownership nor right of possession, the return to the writ of *541attach…
2Cited by2 opinions
- New Haven Lumber Co. v. RaymondSupreme Court of Iowa · 1888
- Quinn v. MummSupreme Court of Iowa · 1917