Tiffany v. Henderson
Supreme Court of Iowa
Appeal from Scott Circuit Court. Action to recover possession, of a horse. The ground of recovery stated in the petition is that plaintiff was the owner of the horse and therefore entitled to the possession. The answer denied knowledge of plaintiff’s ownership, and alleged the defendant was entitled to possession under a contract with a former owner, whereby the defendant was entitled to a lieu on the horse for certain money due him by such owner.
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Appeal from Scott Circuit Court. Action to recover possession, of a horse. The ground of recovery stated in the petition is that plaintiff was the owner of the horse and therefore entitled to the possession. The answer denied knowledge of plaintiff’s ownership, and alleged the defendant was entitled to possession under a contract with a former owner, whereby the defendant was entitled to a lieu on the horse for certain money due him by such owner. In a reply the plaintiff pleaded the defendant was estopped from setting up such lien or that he was entitled to possession. Trial by jury, verdict…
1Opinion of the CourtSeevers, J.
i. practice : appeal: bill oí exceptions. I. Counsel for the appellee have filed a motion to strike the bill of exceptions from the record because the case was pending in this court at the time it was signed and filed, in support of the motion Loomis v. McKenzie, ante, 77, and Carmichael v. Vandebur, 51 Iowa, 225, are cited. These cases simply hold that after an appeal *491has been taken and perfected the court below has no power to entertain a motion'to correct the proceedings, and possibly it may be said the court cannot make any determination in the case, because the cause has been removed to…
2Cases cited2 opinions
- Hinkle v. DavenportSupreme Court of Iowa · 1874
- Carmichael v. VandeburSupreme Court of Iowa · 1879
3Cited by6 opinions
- Rindlaub v. RindlaubNorth Dakota Supreme Court · 1910
- French v. State Farmers' Mutual Hail InsuranceNorth Dakota Supreme Court · 1915
- A. Y. McDonald Co. v. MorrisonSupreme Court of Iowa · 1930
- Curran v. RylandSupreme Court of Iowa · 1916
- Le Mars Building & Loan Ass'n v. BurgessSupreme Court of Iowa · 1906
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