Kern v. Wilson
Supreme Court of Iowa
Appeal from Wright District Qourt. — Hon. J. L. Stevens, Judge. Aotiow to determine the right to the possession of a certain drug stock, claimed by the plaintiffs under a chattel mortgage from J. C. Dwyer, and by the defendant, as sheriff, nnder a writ of attachment in favor of Olney & McDaid against said Dwyer. There was a verdict and judgment for the plaintiffs, from which the defendant appeals.
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Appeal from Wright District Qourt. — Hon. J. L. Stevens, Judge. Aotiow to determine the right to the possession of a certain drug stock, claimed by the plaintiffs under a chattel mortgage from J. C. Dwyer, and by the defendant, as sheriff, nnder a writ of attachment in favor of Olney & McDaid against said Dwyer. There was a verdict and judgment for the plaintiffs, from which the defendant appeals. The general rule is, that the judgment of a court of, competent jurisdiction is conclusive between the parties upon all the questions directly involved in the issue, and necessarily determined by…
1Opinion of the CourtGriVEW, J.
I. Defendant, in support of his plea of former adjudication, introduced in evidence the files i. contbesion : diü“teiún.d3u and records of the circuit court in cases of Olney & McDaid v. J. C. Dwyer and of J. B. Kern & Son v. H. GK Wilson, sheriff. It appéars from this record that in the former case an attachment was issued and levied upon the goods in question, , and these plaintiffs intervened, and claimed the goods by virtue of their mortgage. The defendant Dwyer failing to appear, default and judgment were entered against him, with an order *412for a special execution against tlie attached…
2Cases cited8 opinions
- Griffin v. SeymourSupreme Court of Iowa · 1863
- Arnold v. GrimesSupreme Court of Iowa · 1855
- Moomey v. MaasSupreme Court of Iowa · 1867
- Pfiffner v. KrapfelSupreme Court of Iowa · 1869
- Standish v. DowSupreme Court of Iowa · 1866
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3Cited by12 opinions
- Detroit Trust Co. v. Detroit City Service Co.Michigan Supreme Court · 1933
- Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- McCullough v. ConnellySupreme Court of Iowa · 1907
- Lemon v. Sigourney Savings BankSupreme Court of Iowa · 1906
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