Becker v. Staab
Supreme Court of Iowa
Appeal from Jones District Gourt. — IIon. William; G-. Thompson, Judge. Action in replevin for certain cattle, under a chattel mortgage held by plaintiffs, which was duly recorded. There was a jury trial, and verdict awarding the property to defendant, fixing the value at $300, and damages at $33. Defendant electing to take a money judgment, it was accordingly rendered in his favor for the amounts stated. Plaintiffs appeal.
1Opinion of the CourtWaterman, J.
1 As damages for the wrongful taking of the property under the writ, defendant was allowed to testify that he spent about 12 days in consulting counsel and otherwise preparing to defend the case; that his time was worth $1.50 ' per day; and that he paid out for board and other expenses during the time between $15 and $20. On this evidence, the jury “made its allowance of $33 damages. The measure of damages in replevin differs when the defendant takes judgment for the return of the property from what is allowed where a money judgment is elected. Romberg v. Hughes, 18 Neb. 579 (26 N. W. Rep.…
2Cases cited6 opinions
- Romberg v. HughesNebraska Supreme Court · 1886
- Bigelow v. DoolittleWisconsin Supreme Court · 1874
- Just v. PorterMichigan Supreme Court · 1887
- Cook v. HamiltonSupreme Court of Iowa · 1885
- Palmer v. WoodsSupreme Court of Iowa · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hunt v. ThompsonWyoming Supreme Court · 1912
- Blaul v. RobySupreme Court of Iowa · 1908
- Powers v. BensonSupreme Court of Iowa · 1903
- Universal CIT Credit Corporation v. JonesSupreme Court of Iowa · 1975
- Newberry v. GibsonSupreme Court of Iowa · 1904
6 more not listed; retrieve them via the Exa API.