Legal Opinion

Brewington v. Patton

Supreme Court of Iowa

Decided June 15, 1855PublishedCited by 7 opinions

Appeal from the Henry District Oourt. Trespass by Brewington against Patton and Swan, for tbe wrongful talcing and sale of certain property named in tbe petition. Judgment in tbe court below for plaintiff, and defendants appeal. Tbe errors assigned are as follows: 1. Tbe admission in evidence of a certain chattel mortgage, and tbe assignment tbereon. 2. Tbe giving of tbe fourth instruction ashed by plaintiff 3. Tbe court charged tbe jury on questions of fact.

1Opinion of the CourtWright, C. J.

Tbe first point has been quite fully argued by counsel, and numerous authorities are cited. According to tbe view we take of tbe case, however, it will be unnecessary to examine the authorities or points made. Tbe ruling of tbe court below, with regard to tbe admission *122of the mortgage, is set forth in a bill of exceptions. The mortgage itself is, not embodied therein, nor is there any reference to it, so as to mate it a part of the record. All that appears is, that plaintiff proposed to introducé in evidence the assignment on a certain chattel mortgage, to •which defendants objected. The…

2Cited by7 opinions

  1. Coker v. HayesSupreme Court of Florida · 1878
  2. Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
  3. Smith v. SmithSupreme Court of Iowa · 1916
  4. State v. MoranSupreme Court of Iowa · 1858
  5. Bryan v. StateSupreme Court of Iowa · 1856

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