Cogswell v. Murphy
Supreme Court of Iowa
Appeal from Franklin Circuit Court. Action against the defendants jointly for trespass and damage caused by their cattle. The answer consisted of a general denial, that there was a misjoinder of parties, and that the stock act was unconstitutional. There was a trial by the court, and judgment rendered against' the defendants, Murphy and Clemons, jointly, for fifteen dollars, and against the defendant, Kearney, for five dollars, and the defendants appeal.
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Appeal from Franklin Circuit Court. Action against the defendants jointly for trespass and damage caused by their cattle. The answer consisted of a general denial, that there was a misjoinder of parties, and that the stock act was unconstitutional. There was a trial by the court, and judgment rendered against' the defendants, Murphy and Clemons, jointly, for fifteen dollars, and against the defendant, Kearney, for five dollars, and the defendants appeal. The court gave the certificate required by law.
1Opinion of the CourtSeevers, J.
l. practice: pleaclingrinisjoinder. It is shown that Murphy and Clemons jointly owned a part of the stock, and Clemons individually owned another portion, and the defendant Kearney still . . ' , ° another portion, while the residuo was owned by one Moreland. The defendants, Murphy and Clemons, herded their cattle at their joint expense, and Kearney’s cattle were permitted to run in the herd of said Murphy and Clemons, without any express agreement or consideration and for accommodation only. At the conclusion of the evidence the defendants moved in arrest of judgment, on the ground “ that the…
2Cases cited1 opinion
- Hinkle v. DavenportSupreme Court of Iowa · 1874
3Cited by14 opinions
- Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
- State v. McAninchSupreme Court of Iowa · 1915
- Dickson v. YatesSupreme Court of Iowa · 1921
- Faiver v. GillmanSupreme Court of Iowa · 1892
- Wm. Tackaberry Co. v. Sioux City Service Co.Supreme Court of Iowa · 1911
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