Knowles v. Picket
Supreme Court of Iowa
Appeal from Hardin Circuit Court. Action of replevin commenced before a justice of the peace, where judgment was rendered for plaintiff. This judgment was affirmed in the Circuit Court upon certiorari and defen- ‘ dant appealed to this court. The facts of the case appear in the opinion.
1Dissent
Adams, J.,
dissenting. — I do not think that a suit in replevin can be commenced before a justice of the peace in a township where neither of the parties resides, nor the property nor defendant is found.
The provision of section 3511 of the Oode, that the suit may bo commenced in any “ township wherein any portion of the property is found,” to my mind imposes by implication a. restriction just as certainly as if it were imposed directly. According to the majority opinion, the suit may be commenced in any “township wherein any portion of the property is found” or is not found. In other words it…
2Cases cited2 opinions
- Leversee v. ReynoldsSupreme Court of Iowa · 1862
- Meunch v. BreitenbachSupreme Court of Iowa · 1875