Swan v. Bournes
Supreme Court of Iowa
Appeal from, Butler District Court. Action in replevin to recover a coat. The action was brought before a justice of the peace. The defendant answered that he had a lien upon the coat; that he was an innkeeper, and that plaintiff owed him ten dollars for his keeping while he was a guest at defendant’s hotel, and that he had a lien for such keeping.
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Appeal from, Butler District Court. Action in replevin to recover a coat. The action was brought before a justice of the peace. The defendant answered that he had a lien upon the coat; that he was an innkeeper, and that plaintiff owed him ten dollars for his keeping while he was a guest at defendant’s hotel, and that he had a lien for such keeping. The plaintiff filed a reply containing, first, a general denial, and, second, averring that he is the head of a family and that the coat is a part of his ordinary wearing apparel and is exempt. To the second count, setting up exemption, the…
1Opinion of the Court
Adams, J.,j VJEND15. suffiefenoy of affidavit. I. The appellant assigns as error that “the court erred in reversing the justice’s ruling in ignoring the instrument for change of venue.” We see nothing to show, that the judgment of the justice was reversed upon that point, but assuming that it was, we see no error in such reversal. The form presented for an affidavit we think was sufficient, and while the mere refusal to swear the defendant to -it might not be sufficient ground for -'reversal, because it might have been sworn to before some other officer, yet as the refusal appears to have…
2Cases cited2 opinions
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1876
- Garvin v. WellsSupreme Court of Iowa · 1859
3Cited by8 opinions
- State v. Avco Financial Service of New York Inc.New York Court of Appeals · 1980
- Munson v. PorterSupreme Court of Iowa · 1884
- Bardwell v. Riverside Oil & Refining Co.Supreme Court of Oklahoma · 1929
- Kelly v. HoodSupreme Court of Oklahoma · 1941
- Simmons v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1905
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