Legal Opinion

Newell v. Hayden

Supreme Court of Iowa

Decided April 8, 1859PublishedCited by 10 opinions

Appeal from the Dubuque District Court. Replevin for a mare and set of harness, claimed as exempt from execution. The answer, after denying the alle1 gations in the petition, sets up that the mare was sold by Loomis & Lewis, of Chicago, Illinois, to Newell & Co., (of which last firm the plaintiff was a member); that plaintiff then resided in Illinois; that in consideration of the sale of said mare, Newell & Co. made tlieir note to said Loomis & Lewis, which note was executed…

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Appeal from the Dubuque District Court. Replevin for a mare and set of harness, claimed as exempt from execution. The answer, after denying the alle1 gations in the petition, sets up that the mare was sold by Loomis & Lewis, of Chicago, Illinois, to Newell & Co., (of which last firm the plaintiff was a member); that plaintiff then resided in Illinois; that in consideration of the sale of said mare, Newell & Co. made tlieir note to said Loomis & Lewis, which note was executed and payable in Illinois; that by the laws of that state, (the parts relied on being set out in words in the answer),…

1Opinion of the Court

Wri&ht, C. J.

This case is submitted without argument or brief, and we have nothing to guide us to the position assumed by appellant, but the assignment of errors. This assignment may be reduced to two points :

First. That there was error in admitting, against defendant’s objection, evidence of the residence of plaintiff.

Second. In rejecting the defendant’s evidence in support of his answer, as in avoidance of plaintiff’s action.

The objection‘to the evidence was based upon the ground that plaintiff had not in his petition averred that he was a resident of this state, and therefore could not…

2Cases cited1 opinion

  1. Helfenstein v. CaveSupreme Court of Iowa · 1856

3Cited by10 opinions

  1. Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
  2. Broadstreet v. ClarkSupreme Court of Iowa · 1885
  3. Leiber v. U. P. R. Co.Supreme Court of Iowa · 1878
  4. East Tenn., Va. & Ga. Railroad v. KennedySupreme Court of Alabama · 1887
  5. Mason v. BeebeeU.S. Circuit Court for the Southern District of Iowa · 1890

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