Zimmerman v. National Bank
Supreme Court of Iowa
' Appeal from Madison Ci/rawit Court. The plaintiff filed a petition claiming of the defendant one thousand dollars, and stating as a cause of said claim that in 1878 and 1879 Robert Eyre was in possession of certain real estate and had thereon a large quantity of grain; that defendant by its agents broke and entered upon said premises and destroyed and took therefrom grain and standing corn of the value of one thousand dollars, which was- either destroyed or converted to…
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' Appeal from Madison Ci/rawit Court. The plaintiff filed a petition claiming of the defendant one thousand dollars, and stating as a cause of said claim that in 1878 and 1879 Robert Eyre was in possession of certain real estate and had thereon a large quantity of grain; that defendant by its agents broke and entered upon said premises and destroyed and took therefrom grain and standing corn of the value of one thousand dollars, which was- either destroyed or converted to the defendant’s own use; that all of Robert Eyre’s rights have been transferred to the plaintiff by written assignment. A…
1Opinion of the CourtDay, J.
The grounds of the demurrer which the court sustained are as follows:
‘‘ 2. The said facts do not entitle the said plaintiff to any relief whatever.
i. judgment: restitution ‘ for property seized under. “3. That it appears from and by said petition that the acts complained of were done under and by virtue of legal process of the court in which this action is instituted and now pending, to-wit, a writ of execution. And it does not appear that either the said plaintiff or the said Robert Eyre ever asked or demanded reparation or restitution for the supposed injury done.
“ 4. When the act of a…
2Cases cited1 opinion
- Hanschild v. StaffordSupreme Court of Iowa · 1869
3Cited by8 opinions
- Chambliss v. HassSupreme Court of Iowa · 1904
- Weaver v. StacySupreme Court of Iowa · 1895
- Schoonover v. OsborneSupreme Court of Iowa · 1902
- Hier v. Anheuser-Busch Brewing Ass'nNebraska Supreme Court · 1900
- National Surety Co. v. WalkerSupreme Court of Iowa · 1910
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