Grant v. McCarty
Supreme Court of Iowa
Appeal from "Webster Circuit Court. The plaintiffs set forth their cause of action in their petition as follows: “That on the 28th day of June, A. D. 1873, the plaintiffs with their team, (consisting of two horses and harness and double wagon, together with a whip of the value of one and one-half dollars), were peaceably driving upon and along a public highway called the Fort Dodge and Lizard road, at a point where a steep declivity exists commonly known and called the…
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Appeal from "Webster Circuit Court. The plaintiffs set forth their cause of action in their petition as follows: “That on the 28th day of June, A. D. 1873, the plaintiffs with their team, (consisting of two horses and harness and double wagon, together with a whip of the value of one and one-half dollars), were peaceably driving upon and along a public highway called the Fort Dodge and Lizard road, at a point where a steep declivity exists commonly known and called the Colburn hill, immediately west of the city of Port Dodge, Iowa, and on the right or west bank of the Des Moines river. That…
1Opinion of the CourtCole, J.
i pkaoticjeparties of1' oi' action. *4712. waiver : arrest.*470 The petition certainly sets forth, facts- sufficient to show that the plaintiffs were, at the least, possessed of the team jointly, and that the defendants interfered with, and deprived them of that possession. "For this they were unquestionably entitled' to maintain their joint action. The other facts averred may be regarded, either as aggravating circumstances attending the interference with their property and possession, in order to enhance the damages; or, as an independent cause of action to each for assault and battery. ’ If the…
2Cases cited1 opinion
- Rhoads v. BoothSupreme Court of Iowa · 1863
3Cited by2 opinions
- Dunlap v. WagnerIndiana Supreme Court · 1882
- Flynn v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884