Rickabaugh v. Bada
Supreme Court of Iowa
Appeal from Mills Circuit Cou/rt. Action to recover for loss of time and expenses incurred in an action in replevin, in which this plaintiff was defendant, and this defendant was plaintiff. There was a trial by the •court and judgment for the defendant. The plaintiff appeals.
1Opinion of the CourtAdams, J.
i replevin •• “*ovevf¿“ot defending. The action in replevin was brought by the appellee to obtain possession of certain personal property which Rickabaugh had levied an execution upon as constable, and which Bada claimed by virtue of a chattel mortgage executed to him by the execution debtor. Rickabaugh defended in that action, and was successful. In doing so he expended forty-five dollars for attorney’s fees, and expended also time and’ money of the value of twenty-eight dollars and eighty cents. It does not appear that the mortgage was not valid, but Bada served no notice of his ownership…
2Cited by1 opinion
- Weakly v. Northwestern Benevolent & Mutual Aid Ass'nAppellate Court of Illinois · 1886