Fullerton Lumber Co. v. Spencer
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. G-eorge W. Wakefield, Judge. Action on account for lumber, aided by attachment. Defendant admits the indebtedness as claimed, but, by way of cross-action, alleges that the attachment was wrongfully sued out, and the issues arise on defendant’s counterclaim.
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Appeal from Woodbury District Court. — Hon. G-eorge W. Wakefield, Judge. Action on account for lumber, aided by attachment. Defendant admits the indebtedness as claimed, but, by way of cross-action, alleges that the attachment was wrongfully sued out, and the issues arise on defendant’s counterclaim. The jury found specially that the writ was wrongfully sued out, and, by its general verdict, found for defendant in the sum of forty-one dollars and forty-nine cents, for which judgment was entered, and the plaintiff appeals.
1Opinion of the CourtGrBANOER, J.
The plaintiff, by virtue of the attachment, seized a quantity of lumber which was kept for sale in a lumber-yard, and the court instructed the jury *550that there was no depreciation in tbe value of the property taken, and that nothing could be allowed therefor. The court then said to the jury: “If you find that the property was for use only for the purposes of sale in a lumber-yard, then the value of the use would be interest at six per cent, per annum on the value of such lumber so taken for the time the same was withheld from defendant.” Complaint is made of the rule given, and we think…
2Cases cited3 opinions
- Deeds v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Gilfeather v. City of Council BluffsSupreme Court of Iowa · 1886
- McKern v. City of AlbiaSupreme Court of Iowa · 1886
3Cited by4 opinions
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Hoyt v. FullerCourt of Appeals for the Eighth Circuit · 1900
- New Sharon Creamery Co. v. KnowltonSupreme Court of Iowa · 1906
- W. B. Moses & Sons v. LockwoodDistrict Court, District of Columbia · 1924