Finch v. Hollinger
Supreme Court of Iowa
Appeal from Butler Circuit Court. One E. B. Chaney, being the owner of two steers, on the 3d day of July, 1874, executed a chattel mortgage thereon to the plaintiff. The defendant, Lucinda Findley, held a judgment against Ohaney, upon which she caused an execution to issue on the 6th day of July, 1874, which'was delivered to the defendant, Holiinger, as constable, for service. On the same day Holiinger levied upon the steers as the property of Chaney.
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Appeal from Butler Circuit Court. One E. B. Chaney, being the owner of two steers, on the 3d day of July, 1874, executed a chattel mortgage thereon to the plaintiff. The defendant, Lucinda Findley, held a judgment against Ohaney, upon which she caused an execution to issue on the 6th day of July, 1874, which'was delivered to the defendant, Holiinger, as constable, for service. On the same day Holiinger levied upon the steers as the property of Chaney. On the next day plaintiff commenced his action in replevin before a justice of the peace and took the steers upon the writ. He based his claim…
1Opinion of the CourtRothbock, J.
l. judgment: Amanee. I. It must be conceded that, if there had been no appeal from the judgment first rendered by the Circuit Court, this action would not lie. It would have been a complete and final adjudication of the plaintiff’s right to the property in controversy. It was a *218general judgment upon the merits of the case, and upon the issues presented in the pleadings. One of these issues, that alleging want of notice was, it is true, in the nature of a plea in abatement of the action, but the issue of fraud was also presented, and the judgment was based on all the issues. It must be…
2Cited by8 opinions
- Samara v. MatarCalifornia Supreme Court · 2018
- State ex rel. Braden v. KrugIndiana Supreme Court · 1884
- Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933
- Black v. MillerSupreme Court of Iowa · 1912
- Town of Fulton v. PomeroyWisconsin Supreme Court · 1901
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