Crawford v. Burton
Supreme Court of Iowa
Appeal from the Winneshiek District Court. At the June term, 1856, Burton obtained a judgment against George Crawford, upon which an execution was issued, and levied upon a stock of goods which had, at some previous time, belonged to the said George. The plaintiff claimed the goods, and replevied them in an action brought against J. S. Taupelt, the sheriff. The name of G. W. Burton, as the claimant and real party in interest, was substituted as defendant.
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Appeal from the Winneshiek District Court. At the June term, 1856, Burton obtained a judgment against George Crawford, upon which an execution was issued, and levied upon a stock of goods which had, at some previous time, belonged to the said George. The plaintiff claimed the goods, and replevied them in an action brought against J. S. Taupelt, the sheriff. The name of G. W. Burton, as the claimant and real party in interest, was substituted as defendant. Before proceeding to state the facts further, and the' questions which arose, it is necessary to notice an incongruity which appears in the…
1Opinion of the Court
"Woodward, J.-
— It is not within the limits of legal supposition, that the court should order a non-suit, after a verdict for the defendant; and therefore, considering the testimony of the bill of exceptions, and the, other circumstances concurring with it, we incline to regard the entry relating to the verdict, as an error of the clerk, and will view the case accordingly.
It was erroneous to direct the non-suit. There was much for the jury to inquire into, although the bill of sale should be inadmissible. It does not appear why this instrument was rejected. It may have been because the…
2Cases cited1 opinion
- Miller v. BryanSupreme Court of Iowa · 1856
3Cited by5 opinions
- Allen v. McCallaSupreme Court of Iowa · 1868
- Fox v. EdwardsSupreme Court of Iowa · 1874
- Hall v. Ætna Manufacturing Co.Supreme Court of Iowa · 1870
- Chicago, Burlington & Quincy Railroad v. J. Painter & SonsNebraska Supreme Court · 1884
- Cragin v. CarmichaelU.S. Circuit Court for the District of Iowa · 1873