Legal Opinion

Diamond v. Palmer

Supreme Court of Iowa

Decided February 11, 1890PublishedCited by 7 opinions

Appeal from Montgomery District Court. — Hon. (3-eorge Carson, Judge. Action to recover the possession of one cow and three colts. After the evidence of both parties had been introduced, the court sustained a motion of defendant to instruct the jury to return a verdict in favor of plaintiff for the cow, and in favor of defendant for the colts. A verdict was returned accordingly, which fixed the value of the colts at one 'hundred and thirty dollars.

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Appeal from Montgomery District Court. — Hon. (3-eorge Carson, Judge. Action to recover the possession of one cow and three colts. After the evidence of both parties had been introduced, the court sustained a motion of defendant to instruct the jury to return a verdict in favor of plaintiff for the cow, and in favor of defendant for the colts. A verdict was returned accordingly, which fixed the value of the colts at one 'hundred and thirty dollars. Defendant elected to take judgment for the value of the colts as found by the jury, and a judgment for that amount was rendered in his favor. The…

1Opinion of the CourtRobinson, J.

The appellee, as sheriff, levied upon the property in controversy, an execution issued in favor bf D. W. Jones, and against plaintiff, for the sum of $322.93, besides interest and costs. Appellant claims that the three colts were exempt from execution by virtue of chapter 23 of the Acts of the Twentieth General Assembly. They were foals of two mares which were purchased with money received as a pension from the general government, and the services of their sire were paid for with such money. Appellant has been a resident of the state sixteen years.

1 "exemption procured17 m ‘ I. The portions…

2Cases cited1 opinion

  1. Smythe v. FiskeSupreme Court of the United States · 1874

3Cited by7 opinions

  1. In re SullivanCourt of Appeals for the Eighth Circuit · 1906
  2. Haefer v. MullisonSupreme Court of Iowa · 1894
  3. Smyth v. HallSupreme Court of Iowa · 1905
  4. Smith & Co. v. HillSupreme Court of Iowa · 1891
  5. Appanoose County v. HenkeSupreme Court of Iowa · 1929

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