Williams v. Brown
Supreme Court of Iowa
Appeal from Clinton District Court. Replevin. Plaintiff, a married woman, claims tbe property (a bay mare) in her own right. Defendant justifies the detention, as constable, under an execution against plaintiff’s husband, in favor of one Decker. In tbe District Court, to which the case was appealed by tbe plaintiff, tbe cause was beard before a referee, wbo found tbe facts, and thereon, that the law was with the defendant.
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Appeal from Clinton District Court. Replevin. Plaintiff, a married woman, claims tbe property (a bay mare) in her own right. Defendant justifies the detention, as constable, under an execution against plaintiff’s husband, in favor of one Decker. In tbe District Court, to which the case was appealed by tbe plaintiff, tbe cause was beard before a referee, wbo found tbe facts, and thereon, that the law was with the defendant. Plaintiff’s motion to set aside the finding, and for judgment in her favor, was overruled; judgment accordingly, and she appeals to this court.
1Opinion of the CourtWright, J.
1. replevin, -I. At the final hearing in the District Court, the creditor (Decker) was, without objection, substituted as defendant, and the judgment was accordingly rendered in his favor, for the balance due on his judgment. In this state of the record the objection of plaintiff that the referee erred in finding that the officer, after he was out of office, was entitled to the possession of the property, is of no avail, for the District Court ordered (and this is the judgment appealed from) the recovery in the name of the party beneficially interested. This was right, and to it there was no…
2Cases cited3 opinions
- Cooley v. BraytonSupreme Court of Iowa · 1864
- Stowers v. MilledgeSupreme Court of Iowa · 1855
- Myers v. McDonaldSupreme Court of Iowa · 1869
3Cited by1 opinion
- Gabriel v. MullenSupreme Court of Missouri · 1892