Johnson v. Butler
Supreme Court of Iowa
Appeal from the Dubuque District Court. Butler brought an action of replevin, in Jo Daviess county, Illinois, against Henry R. Merkling, and in that action, took possession of a considerable quantity of personal property, the principal value of whieh consisted in its almost constant use. Such proceedings were had in the cause, that Merkling recovered judgment against Butler for $2,200, for the detention of the goods.
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Appeal from the Dubuque District Court. Butler brought an action of replevin, in Jo Daviess county, Illinois, against Henry R. Merkling, and in that action, took possession of a considerable quantity of personal property, the principal value of whieh consisted in its almost constant use. Such proceedings were had in the cause, that Merkling recovered judgment against Butler for $2,200, for the detention of the goods. Butler filed a motion to set aside the verdict, and for a new trial, which was overruled by the Circuit Court. The matter was taken to the Supreme Court of Illinois, and…
1Opinion of the CourtWoodward, J.
The errors assigned are: 1. In dismissing the attachment. 2. In sustaining the motion for the production of the paper mentioned in the statement, and rendering judgment against the plaintiffs, upon its non-production. Section 1846 of the Code provides, that, “in an action for 'the recovery of money, the plaintiff may cause property of the defendant ” to be attached, upon filing an affidavit or petition therefor, stating some one of certain facts, one of which is, that the defendant is a non-resident of the state. By section 1849: “If the plaintiffs’ demand is founded on contract, the petition…
2Cases cited1 opinion
- Latterett v. CookSupreme Court of Iowa · 1855
3Cited by15 opinions
- Schooley v. SchooleySupreme Court of Iowa · 1918
- Matson v. MatsonSupreme Court of Iowa · 1919
- In re HarperDistrict Court, N.D. New York · 1910
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- Beazley's Adm'r v. Sims' Adm'rSupreme Court of Virginia · 1886
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