Dyson v. Ream
Supreme Court of Iowa
Appeal from, WinnesheiJc District Court. This is an action wherein the plaintiff claimed the sum of one hundred dollars, as justly due him from defendant, by reason of his wrongfully taking from the possession of the plaintiff, and converting to his own use, a quantity of corn, standing and growing in the field, of the property of plaintiff, and to his damage, one hundred dollars.
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Appeal from, WinnesheiJc District Court. This is an action wherein the plaintiff claimed the sum of one hundred dollars, as justly due him from defendant, by reason of his wrongfully taking from the possession of the plaintiff, and converting to his own use, a quantity of corn, standing and growing in the field, of the property of plaintiff, and to his damage, one hundred dollars. The defendant pleaded that he was not indebted to the plaintiff, in the said sum of one hundred dollars, or any other sum; denied the taking of any corn fron; the possession of plaintiff, or converting the same to…
1Opinion of the CourtStockton, J.
At the common law, in an action of tres-
pass to personal property, the plea of “not guilty” was proper, if the plaintiff had no property in the goods, or the defendant was not guilty of the taking. So, if he did take the goods, but they did not belong to the plaintiff, the plea of tho general issue- was proper. Stephens’ Pleading, 195; 1 Chitty’s Pleading, 538.
Under the system of pleading inaugurated by our Code, there is, strictly speaking, no general issue. The defence relied upon, must be pleaded.1 If reliance is placed on the fact, that defendant did not commit the grievances complained…
2Cases cited2 opinions
- Walters v. Washington Ins.Supreme Court of Iowa · 1855
- Bowen v. HaleSupreme Court of Iowa · 1857
3Cited by6 opinions
- Tucker v. ParksSupreme Court of Colorado · 1883
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1905
- Bruce v. FoleyWashington Supreme Court · 1897
- Patterson v. ClarkSupreme Court of Iowa · 1866
- German-American State Bank v. EricksonNorth Dakota Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.