Peterson v. Kissell
Supreme Court of Iowa
!'Appeal. from Pottawattamie District Court. — Hon. W. R. Green, Judge. On March 2, 1904, the plaintiff began an action in replevin to recover possession of eleven head of cattle, alleging his ownership thereof, that their value was $165, and that the cause of detention according to his belief was that they had broken into a field occupied by defendant, who had taken and detained them. , The defendant on April 12th moved that plaintiff’s petition be made more specific.
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!'Appeal. from Pottawattamie District Court. — Hon. W. R. Green, Judge. On March 2, 1904, the plaintiff began an action in replevin to recover possession of eleven head of cattle, alleging his ownership thereof, that their value was $165, and that the cause of detention according to his belief was that they had broken into a field occupied by defendant, who had taken and detained them. , The defendant on April 12th moved that plaintiff’s petition be made more specific. This motion was sustained, and on October 7, 1904, the court ordered that, unless the ruling was complied with before the…
1Opinion of the CourtLaud, J.
The record discloses that an action in replevin, begun by plaintiff, was dismissed because of failure to comply with an order of court to make their petition more specific. Such petition alleged that plaintiff was absolute owner of cattle valued at $165, and that, according to his belief, defendant held them in distraint; they having broken into his premises. No answer appears to have been filed, nor does defendant appear ever to have challenged plaintiff’s title to the cattle. • Nevertheless, the district court upon dismissal of the petition entered judgment *519in favor of the defendant for the…
2Cases cited11 opinions
- Hall v. SmithSupreme Court of Iowa · 1859
- Collamer v. PageSupreme Court of Vermont · 1862
- Leonard v. Capital InsuranceSupreme Court of Iowa · 1897
- Walko v. WalkoSupreme Court of Connecticut · 1894
- Funk & Hardman v. IsraelSupreme Court of Iowa · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kirby v. HolmanSupreme Court of Iowa · 1947
- Sporer v. HerlikNebraska Supreme Court · 1954
- Myers v. WendelSupreme Court of Iowa · 1924
- Phelps v. VarbelSupreme Court of Iowa · 1956