Porter v. Dalhoff & Co.
Supreme Court of Iowa
Appeal from Deeatur District Court. Plaintiff commenced this action in detinue to recover a stock of goods, and for damages for the unlawful detention of the same. R. M. Sylvester, deputy sheriff, and Dalhoff & Oo. were made defendants, and it appears from the petition that Sylvester levied an execution upon the goods, in a case in which Dalhoff & Oo. were plaintiffs in execution, and a partnership named Porter & Porter were defendants.
Read the full summary
Appeal from Deeatur District Court. Plaintiff commenced this action in detinue to recover a stock of goods, and for damages for the unlawful detention of the same. R. M. Sylvester, deputy sheriff, and Dalhoff & Oo. were made defendants, and it appears from the petition that Sylvester levied an execution upon the goods, in a case in which Dalhoff & Oo. were plaintiffs in execution, and a partnership named Porter & Porter were defendants. The defendants appeared and Sylvester demurred to the petition on the ground that it did not show that any written notice of ownership had been served on him…
1Opinion of the CourtRothrook, J.
This is an action for specific personal property, and under section 3225 of the Code “it may be brought in any county in which the property, or some part thereof, is situated.” The venue is not limited to the county of the residence of the defendant. The defendants Dalhoff & Co. *461were required to either disclaim any interest or claim to the property or defend the action in the county where it was situated. They were not entitled to a change of the place of trial.
By their answer they contested the ownership and right of possession of the property, and they had no right to a dismissal after…
2Cited by2 opinions
- J. J. Smith Lumber Co. v. Scott County Garbage Reducing & Fuel Co.Supreme Court of Iowa · 1910
- Laughlin v. MainSupreme Court of Iowa · 1884