Oskaloosa Steam-Engine Works v. Nelson
Supreme Court of Iowa
Appeal from Mahaska Ovreuit Court. In February, 1878, the defendant Nelson brought an action against the plaintiff before a justice of the peace for the recovery of certain personal property, to-wit: one pair French mill burrs, frame and hopper complete.
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Appeal from Mahaska Ovreuit Court. In February, 1878, the defendant Nelson brought an action against the plaintiff before a justice of the peace for the recovery of certain personal property, to-wit: one pair French mill burrs, frame and hopper complete. No replevin bond was given, and no writ for the possession of the property was asked for nor issued. . On the 18th of February, 1878, a trial was had before the justice, and the following judgment was rendered: “ The court finds that the plaintiff has the legal right to the property in the petition herein described, and that the value of the…
1Opinion of the CourtRotiirock, J.
l. judgment: election* of party. The facts embodied in the foregoing statement are the substance of the finding of the court below, as contained in appellant’s abstract. Counsel for respective parties have discussed the question as Aether the successful party in an action of replevin should make his election to take the property in controversy, or its value at the time the judgment is rendered, or whether he may make such election when the execution issues. An examination of the sections of the statute upon that question leaves the mind in some doubt. But a decision of the question in this…
2Cited by1 opinion
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