Legal Opinion

Printz v. Cheeney & Street

Supreme Court of Iowa

Decided April 15, 1861PublishedCited by 5 opinions

Appeal from Iowa District Court. Action before a justice of the peace, for entering upon the close of the plaintiff and taking therefrom certain per-i sonal property. An answer denying a portion of the allegations of the petition and setting up matter in justification as to the others, was filed; trial and judgment for the , plaintiff. The defendant appealed to the District Court.

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Appeal from Iowa District Court. Action before a justice of the peace, for entering upon the close of the plaintiff and taking therefrom certain per-i sonal property. An answer denying a portion of the allegations of the petition and setting up matter in justification as to the others, was filed; trial and judgment for the , plaintiff. The defendant appealed to the District Court. Trial, verdict and judgment for defendant, and plaintiff appeals, assigning as error certain rulings and instructions of the court below, which are fully stated in the opinion. ■: The court should have compelled the…

1Opinion of the Court

•-.-Baldwin, J.

The plaintiff, upon the trial of this cause in the District Court, in order to prove the defendants, liability to him in trespass, in tearing down and carrying away a log house, introduced as a witness one Josiak Kinther, and asked him to state, if anything, what he knew in regard to any person’s tearing down and carrying away the property *471in controversy. The plaintiff also asked the witness to state what he knew about the defendants’ tearing down the house in controversy and carrying it away; and to state all the said defendants did about tearing down and carrying off said…

2Cases cited2 opinions

  1. People v. MatherNew York Supreme Court · 1830
  2. Dorcey v. PattersonSupreme Court of Iowa · 1858

3Cited by5 opinions

  1. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
  2. Overman v. StateIndiana Supreme Court · 1924
  3. Duckworth v. District CourtSupreme Court of Iowa · 1936
  4. State v. DuffySupreme Court of Iowa · 1863
  5. In re MoserMichigan Supreme Court · 1904

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