Clement v. Duffy
Supreme Court of Iowa
Appeal from Wright Gvrouit Gowt. This is an action of replevin for 225 bushels of wheat. The writ was issued on the 26th day of September, 1879, and, tbe wheat being in stack, tbe sheriff delivered it to tbe plaintiff, who proceeded to thresh and market it. Each party claimed to be the absolute owner of tbe grain.
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Appeal from Wright Gvrouit Gowt. This is an action of replevin for 225 bushels of wheat. The writ was issued on the 26th day of September, 1879, and, tbe wheat being in stack, tbe sheriff delivered it to tbe plaintiff, who proceeded to thresh and market it. Each party claimed to be the absolute owner of tbe grain. Tbe trial was bad on tbe 19th day of November, 1879. A jury was impaneled, and tbe plaintiff introduced bis evidence, whereupon tbe court, on motion of tbe defendant, withdrew from tbe jury tbe question of ownership and right of possession, and rendered judgment therefor in favor of…
1Opinion of the CourtRothrock, J.
I. The only question to be determined is the measure of damages which the defendant is entitled to recover. It is claimed that he should receive the highest market price up to the time of the trial.
The action of replevin, or for the recovery of specific personal property, as it is denominated in the Code, is a contest for property, and not for damages. Where an issue is made in the action, each party claims that he is entitled to the possession of the property. The property is the primary subject of the controversy. Ordinarily the plaintiff executes the bond provided for in Sec. 3229, and the…
2Cases cited3 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Cannon v. FolsomSupreme Court of Iowa · 1855
- Stuart v. PhelpsSupreme Court of Iowa · 1874
3Cited by5 opinions
- Blaul v. RobySupreme Court of Iowa · 1908
- Striegel v. MooreSupreme Court of Iowa · 1880
- Finnell v. MillionMissouri Court of Appeals · 1903
- Seibert v. NobleSupreme Court of Iowa · 1993
- Schwanz v. Farmers Co-Operative Co.Supreme Court of Iowa · 1927