Skinner v. Chicago & Rock Island Railroad
Supreme Court of Iowa
Appeal from Scott District Court. Replevin for a box of books. In setting out tbe alleged cause of detention, tbe plaintiff, in his petition, states that the books were shipped to him at Davenport, from a point in New York; that upon their arrival in Davenport, ho applied for the same, paid the freight, and delivery was refused “ because plaintiff refused to sign a receipt that the said goods were received in good order, until he had a chance to examine the said property,…
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Appeal from Scott District Court. Replevin for a box of books. In setting out tbe alleged cause of detention, tbe plaintiff, in his petition, states that the books were shipped to him at Davenport, from a point in New York; that upon their arrival in Davenport, ho applied for the same, paid the freight, and delivery was refused “ because plaintiff refused to sign a receipt that the said goods were received in good order, until he had a chance to examine the said property, which he believes has been damaged.” The answer admits the receipt of the goods, and avers that “ when the plaintiff…
1Opinion of the CourtWright, J.
Plaintiff claims to be the owner, and entitled to the present possession of the books. The ownership is not in controversy. And though plaintiff may aver that he is entitled to the immediate possession of the property, and though defendants may not deny in terms this averment, yet if from the whole answer it appears that the possession is rightfully in them, it will be good. A plaintiff may aver in his petition this right, and yet state such other facts as clearly show that the right is in another. If so, the facts stated will be held to control the general averment or conclusion stated by…
2Cited by4 opinions
- Dwyer v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1888
- Albers v. Western Union Telegraph Co.Supreme Court of Iowa · 1896
- Reed Oil Co. v. SmithSupreme Court of Georgia · 1922
- Christian v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1873