Campbell v. Williams
Supreme Court of Iowa
Appeal from Jefferson Circuit ■ Cou/rt. On the 20th day of February, 1813, plaintiff commenced his action of replevin before á justice of the peace, alleging that he is the unqualified owner of a horse of the value of $35.00. That the horse was taken by defendants in virtue of an execution issued by William Laughlin, a justice of the peace, on a pretended judgment against the plaintiff, in favor of the defendant, Williams.
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Appeal from Jefferson Circuit ■ Cou/rt. On the 20th day of February, 1813, plaintiff commenced his action of replevin before á justice of the peace, alleging that he is the unqualified owner of a horse of the value of $35.00. That the horse was taken by defendants in virtue of an execution issued by William Laughlin, a justice of the peace, on a pretended judgment against the plaintiff, in favor of the defendant, Williams. That the horse was wrongfully .taken for the reason that the justice did not render any judgment against plaintiff. Answer in denial. Upon the trial the justice rendered…
1Opinion of the CourtDay, J.
Upon the trial of the cause it was proved that the horse in question belonged to the plaintiff. .That an action was commenced by the defendant, N. D. Williams, against-the plaintiff, before W. M. Laughlin, a justice of the peace, on a note given for the purchase money of said horse. The entries in the justice’s docket show that the original notice was issued on the 6 th day of Febuary, returnable on the 15th day of Feb*647ruary, 1873. That it was returned duly served, and on the same day execution was issued and placed in the hands of A. W. Laughlin for service, which was returned on the 17th day…
2Cases cited5 opinions
- Kingsbury v. BuchananSupreme Court of Iowa · 1860
- Burchett v. CasadySupreme Court of Iowa · 1865
- Cassel v. Western Stage Co.Supreme Court of Iowa · 1861
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