Smith v. Montgomery
Supreme Court of Iowa
Appeal from the Floyd District Court. This is an action of replevin. The petition of plaintiff is substantially as follows: It claims one thousand dollars which is alleged to be due, and for cause thereof states that plaintiff’ is entitled to the present possession, as of his own property, of the goods and chattels therein set forth, in the possession of said defendant, the value thereof being five hundred and fifty-nine dollars and seventy-eight cents.
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Appeal from the Floyd District Court. This is an action of replevin. The petition of plaintiff is substantially as follows: It claims one thousand dollars which is alleged to be due, and for cause thereof states that plaintiff’ is entitled to the present possession, as of his own property, of the goods and chattels therein set forth, in the possession of said defendant, the value thereof being five hundred and fifty-nine dollars and seventy-eight cents. He also avers, that said articles of personal porperty, are wrongfully detained from his possession, by defendant; that he refuses to deliver…
1Opinion of the CourtWright, C. J.
The motion to quash, seems to have been treated by the court below, in the nature of a demurrer, and as such we shall consider it.
The Code, (section 1995), provides, that the petition in an action -of replevin, must state that the property is wrongfully detained by the defendant; that the plaintiff is entitled to the present possession thereof; and that it was not taken from him by any legal process, or if so taken, that it was exempt from seizure by such process. It must also state the alleged cause of detention, according to his best knowledge and belief, and also the value of the property.…
2Cases cited2 opinions
- Miller v. BryanSupreme Court of Iowa · 1856
- Busick v. BummSupreme Court of Iowa · 1856
3Cited by5 opinions
- Wilde v. RawlesSupreme Court of Colorado · 1889
- Gimble v. AckleySupreme Court of Iowa · 1861
- Armel v. LendrumSupreme Court of Iowa · 1877
- Ramsden v. WilsonSupreme Court of Iowa · 1878
- Knapp v. WhiteWisconsin Supreme Court · 1876