Finch v. Hollinger
Supreme Court of Iowa
Appeal from Hardin Circuit Court. Action in equity to restrain the collection of a judgment at law. The petition states that 'the defendant, Hollinger, as constable, by virtue of an execution in favor of Findley and against Chaney, levied on certain cattle, and the plaintiff commenced an action before a justice of the peace to recover possession of said cattle, and that they were delivered to him under and by virtue of the writ of replevin issued in said action; that a…
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Appeal from Hardin Circuit Court. Action in equity to restrain the collection of a judgment at law. The petition states that 'the defendant, Hollinger, as constable, by virtue of an execution in favor of Findley and against Chaney, levied on certain cattle, and the plaintiff commenced an action before a justice of the peace to recover possession of said cattle, and that they were delivered to him under and by virtue of the writ of replevin issued in said action; that a petition under oath and bond was filed, as provided by law. On the day set for trial Hollinger, the defendant in said action…
1Opinion of the CourtSeevees, J.
I. No errors are assigned, and the appellees insist, as there was no trial on the facts, that although this is i. practice : an equity action there is no question this court tnai. method can try ailq determine. Under the Revision, this action was triable in the court below by the first method, and in this court ele novo. Hackworth v. Zollars, 30 Iowa, 433. Such was the general rule. Rev., §2999. Now, under the Code, all actions are triable in the District or Circuit court on oral evidence, and in this court on exceptions and errors duly assigned. Code, § 2741: Richards v. Hintrager, 45 Iowa,…
2Cases cited7 opinions
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
- Richards v. HintragerSupreme Court of Iowa · 1876
- Belding v. TorrenceSupreme Court of Iowa · 1874
- Craine v. FultonSupreme Court of Iowa · 1860
- Mason v. RichardsSupreme Court of Iowa · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reed v. LaneSupreme Court of Iowa · 1895
- Powers v. County of O'BrienSupreme Court of Iowa · 1880
- Stewart v. HallSupreme Court of Iowa · 1911
- King v. NelsonSupreme Court of Iowa · 1903
- Venner v. Denver Union Water Co.Arapahoe County District Court · 1902