Legal Opinion

Hodges & Co. v. Kimball

Supreme Court of Iowa

Decided December 4, 1878Published

Appeal from Howard District Court. On the 24th day of May, 1876, Lyman F. Hodges filed his petition in replevin for eighteen hundred bushels of wheat, claiming that he had a lien thereon for the sum of two thousand dollars. On the 31st day of October, 187G, the cause was, by consent of parties, duly referred by order of the court to J. O. Crosby, Escp, as referee, to hear and try all the issues of law and fact, and report therein to the court.

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Appeal from Howard District Court. On the 24th day of May, 1876, Lyman F. Hodges filed his petition in replevin for eighteen hundred bushels of wheat, claiming that he had a lien thereon for the sum of two thousand dollars. On the 31st day of October, 187G, the cause was, by consent of parties, duly referred by order of the court to J. O. Crosby, Escp, as referee, to hear and try all the issues of law and fact, and report therein to the court. On December 27th the cause came on to be heard before the referee, and the said Lyman F. Hodges thereupon asked leave to file an amendment to his…

1Opinion

on rehearing.

Day, J.

Within the time authorized, upon the petition of plaintiffs, a rehearing was granted in this case. The defendants answered the argument of plaintiffs, and the plaintiffs, by John W. & M. B. Cary (counsel not before appearing in the case), filed a reply. The cause is now again submitted for final determination. In the petition for rehearing, and the reply to defendants’ argument, counsel cite the following authorities not referred to in the original argument: Anderson v. Clark, 2 Bingham, 20; Cuming v. Brown, 9 East., 506; Virtue v. Jewell, 4 Campbell, 31; Patten v.…

2Cases cited2 opinions

  1. Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1855
  2. Elliot & Boynton v. John Bradley & Co.Supreme Court of Vermont · 1851

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