Wagner v. Bissell
Supreme Court of Iowa
Appeal from the Jones District Court. This was an action of replevin for certain cattle. Defendant answered, denying the plaintiff’s' right to the possession, and also alleging as a special ground of defence, that said cattle, (which he admits to be the property of plaintiff,) did on the 17th day of August, 1856, trespass upon the uninclosed land of defendant, and while so trespassing, and after he had suffered damage to the amount of fifty dollars, he, said defendant,…
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Appeal from the Jones District Court. This was an action of replevin for certain cattle. Defendant answered, denying the plaintiff’s' right to the possession, and also alleging as a special ground of defence, that said cattle, (which he admits to be the property of plaintiff,) did on the 17th day of August, 1856, trespass upon the uninclosed land of defendant, and while so trespassing, and after he had suffered damage to the amount of fifty dollars, he, said defendant, distrained the same, as he had a right to do ; and while thus lawfully distrained, and while he thus rightfully had the…
1Opinion of the Court
Wright, 0. J.
Appellant first claims, that there was error in rendering final judgment on the demurrer, for the reason that it was to the whole answer, and should have been overruled, as to so much as denied, or took issue upon the material allegations of the petition. This objection would be clearly good, but for the fact that the record in substance shows that this part of the answer was abandoned. An examination of the judgment satisfies us, that the defendant relied upon his special grounds of defence, and admitted that if these were not good, he could not gainsay plaintiff’s right •to…
2Cases cited1 opinion
- Van Ness v. PacardSupreme Court of the United States · 1829
3Cited by31 opinions
- Goetzman v. WichernSupreme Court of Iowa · 1982
- Iowa Civil Liberties Union v. CritelliSupreme Court of Iowa · 1976
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Weber v. MadisonSupreme Court of Iowa · 1977
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