Stephens v. Pence
Supreme Court of Iowa
Appeal from IArm District Court. Action to recover the possession of three barrels of kerosene oil, and sixty-eight barrels of salt, to which it was alleged in the petition the plaintiff was entitled under a chattel mortgage executed by Keyes & Parkhurst, and which the defendant had wrongfully taken into his possession. The defendant is a constable, and justified the taking under an execution against Keyes & Parkhurst. Trial to the court.
Read the full summary
Appeal from IArm District Court. Action to recover the possession of three barrels of kerosene oil, and sixty-eight barrels of salt, to which it was alleged in the petition the plaintiff was entitled under a chattel mortgage executed by Keyes & Parkhurst, and which the defendant had wrongfully taken into his possession. The defendant is a constable, and justified the taking under an execution against Keyes & Parkhurst. Trial to the court. Judgment for the plaintiff, and defendant appeals.
1Opinion of the Court
Servers J.
i. practice: evidence. I. Conceding the evidence is all before uS, which, however, is denied in an amended abstract, the errors briefly considered. The first is that the mortgage was not introduced in evidence, and, therefore, it is insisted the plaintiff failed to- show he was entitled to the possession of the property in controversy. The abstract states: “Plaintiff’s counsel offers-in evidence the mortgage attached to plaintiff’s petition.” To this no objection was made. It is evident the mortgage was regarded by the court below as having been introduced as evidence, and *258rightly…
2Cases cited1 opinion
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
3Cited by9 opinions
- Muir v. BlakeSupreme Court of Iowa · 1882
- Thompson v. AndersonSupreme Court of Iowa · 1895
- In re the Assignment of ThompsonSupreme Court of Iowa · 1914
- Sandwich Manufacturing Co. v. RobinsonSupreme Court of Iowa · 1891
- Wisdom v. KeithleyMissouri Court of Appeals · 1943
4 more not listed; retrieve them via the Exa API.