Cooley v. Davis
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit Court. Action of replevin for a quantity of beer. Petition alleges that plaintiff “ owned and kept the same with lawful intent, and not for the purpose of sale in violation of law.
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Appeal from Cerro Gordo Circuit Court. Action of replevin for a quantity of beer. Petition alleges that plaintiff “ owned and kept the same with lawful intent, and not for the purpose of sale in violation of law. That the alleged cause of detention, according to plaintiff’s best belief, is that said half and quarter barrels and the beer contained therein were seized by virtue of a search-warrant issued by one W. W. Knapp, a justice of the peace of Cerro Gordo county, Iowa, under a pretended law of said county, prohibiting the sale of wine and beer therein. But plaintiff alleges that no‘such…
1Opinion of the CourtDay, J.
1. Replevin: from legal custody. At common law, the owner of a chattel could not maintain an action of replevin, for the possession of goods taken from him by virtue of legal process. Any attempt so to regain its possession was deemed a cohtempt of the court issuing the process. See Funk & Hardman v. Israel, 5 Iowa, 450.
Section 1995 of the Code of 1851 modified this rule of the common law, and authorized the maintenance of the action of replevin for personal property seized by legal process, when the petition states under oath that it was exempt from seizure by such process. The same…
2Cases cited1 opinion
- State v. WeirSupreme Court of Iowa · 1871
3Cited by7 opinions
- Robbins-Leavenworth Floor Covering, Inc. v. Leavenworth National Bank & Trust Co.Supreme Court of Kansas · 1981
- State v. MedinaSupreme Court of Iowa · 1969
- H. S. Burr & Co. v. Frank Mathers & Co.Missouri Court of Appeals · 1892
- Wagner v. OlsonNorth Dakota Supreme Court · 1893
- Armel v. LendrumSupreme Court of Iowa · 1877
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