Reisner v. Currier
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. Action to recover specific personal property. It is stated in the petition the cause of the detention of the property is, that the “defendant, as sheriff, took said property on an execution in favor of Lawton & Post, and against A. Eeisner.” There was a demurrer to the petition on the ground it was not alleged a notice had been served on defendant that the plaintiffs claimed to own the property.
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Appeal from Buchanan Circuit Court. Action to recover specific personal property. It is stated in the petition the cause of the detention of the property is, that the “defendant, as sheriff, took said property on an execution in favor of Lawton & Post, and against A. Eeisner.” There was a demurrer to the petition on the ground it was not alleged a notice had been served on defendant that the plaintiffs claimed to own the property. The demurrer was confessed, and thereupon the plaintiffs filed the following motion: “ Now comes the plaintiffs in the above cause and make application to the court…
1Opinion of the Court
Seevers, Oh. J.
1. REFLIVEN : demurrer confessed: order of court. It is claimed when the demurrer was confessed, and no amendment to the petition filed, the defend-entitled to judgment as upon a dismissal of the action for a return of the property Qr f01. ^16 vaque 0f the defendant’s interest. Code, § 3239; Marshall v. Bunker, 40 Iowa, 121. No such judgment was rendered, but the plaintiffs were required to pay to the defendant the value of such interest and all costs. The money so paid to be held by the defendant in place of the property in controversy. The question is whether the *216defendant…
2Cases cited2 opinions
- Seevers v. HamiltonSupreme Court of Iowa · 1860
- Marshall v. BunkerSupreme Court of Iowa · 1874
3Cited by2 opinions
- Little v. Pottawattamie CountySupreme Court of Iowa · 1904
- Williams v. ChapmanSupreme Court of Iowa · 1882