Beroud v. Lyons
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. J. P. Conner, Judge. March 1,7, 1890, the plaintiff filed her petition alleging that she was the absolute and unqualified owner, by purchase, of certain specific personal property described, of the value of six hundred and fourteen dollars; that the defendant wrongfully detained possession of said property from her; and that the alleged cause of detention was by virtue of a pretended chattel mortgage which had been fully paid by the…
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Appeal from Carroll District Court. — Hon. J. P. Conner, Judge. March 1,7, 1890, the plaintiff filed her petition alleging that she was the absolute and unqualified owner, by purchase, of certain specific personal property described, of the value of six hundred and fourteen dollars; that the defendant wrongfully detained possession of said property from her; and that the alleged cause of detention was by virtue of a pretended chattel mortgage which had been fully paid by the plaintiff. The defendant answered admitting possession, and claiming right thereto by virtue of a chattel mortgage…
1Opinion of the CourtGiven, J.
I. Upon filing his answer the defendant moved the' court to transfer the case to the equity docket, which, motion was overruled. The plaintiff moved to strike certain paragraphs of the answer, which motion was sustained as to said paragraphs nine and one-half and ten. The appellant complains of these rulings, and, as they involve the same question, they are considered together. If the case were transferable both rulings were wrong; but if not transferable both were correct. This is an action to recover specific personal property, brought under section 8225 of the Code. Section 3226 provides…
2Cited by7 opinions
- Richards v. W. H. Hellen & SonSupreme Court of Iowa · 1911
- Rance v. GaddisSupreme Court of Iowa · 1939
- Palmer v. PalmerSupreme Court of Iowa · 1894
- Haack v. RodenbourSupreme Court of Iowa · 1944
- Jandt v. PotthastSupreme Court of Iowa · 1897
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