Delancey v. Holcomb
Supreme Court of Iowa
Appeal from, Delaware District Court. Demand in replevin. —Replevin for a steer. Verdict before justice of the peace, for plaintiff. On appeal, in the District Court, there was a mistrial, and subsequently a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the Court
Dillon, Ch. J.
1. Replevin: demand. — In the pleadings and on the trial, each party claimed to be the absolute owner of the property. Plaintiff’s theory was, that the animal was the same one which he had before purchased of one Smith. Defendant denied this, and claimed it as his own. It was not the unusual case of controverted identity, and we find the not unusual concomitant of such cases in a bill of costs amounting to over $200. In such cases, the desire - and policy of the law to have a finis litium coincide generally with the real interests 'of the litigants. We find the case, however, of…
2Cases cited1 opinion
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
3Cited by4 opinions
- Sievertsen v. Paxton-Eckman Chemical Co.Supreme Court of Iowa · 1911
- Adamson v. HarperSupreme Court of Iowa · 1913
- Kesler v. Farmers' Mutual Fire & Lightning Ins.Supreme Court of Iowa · 1913
- Chicago, Burlington & Quincy Railroad v. PierceSupreme Court of Iowa · 1908