Smith v. Cramer
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. Action of replevin for a horse of the value of one hundred dollars. Plaintiff avers that he is the absolute owner and entitled to the immediate possession; that the horse was taken on execution on a judgment rendered April 16, 1869, by A. ■ B. Thomas, a justice of the peace in Winneshiek county, in favor of S. L. Sheldon & Bro. and against the plaintiff; which judgment the plaintiff avers is absolutely void, for that the said justice had…
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Appeal from Winneshiek Circuit Court. Action of replevin for a horse of the value of one hundred dollars. Plaintiff avers that he is the absolute owner and entitled to the immediate possession; that the horse was taken on execution on a judgment rendered April 16, 1869, by A. ■ B. Thomas, a justice of the peace in Winneshiek county, in favor of S. L. Sheldon & Bro. and against the plaintiff; which judgment the plaintiff avers is absolutely void, for that the said justice had no jurisdiction to render the same; that the horse was taken by the defendant, Bailey, as constable, under the…
1Opinion of the CourtCole, J.
For the purposes of this adjudication, it may be conceded that the facts offered to be proved by the plaintiff' would show that the justice of the peace rendering the judgment in question had no jurisdiction, and that the judgment-would, therefore, be void, and might be attacked, collaterally, in this action. The single question then remaining, and the only one necessary for us to decide is, whether, imder the facts conceded by the pleadings, the answer in the former action constitutes an estoppel. In order to constitute an estoppel, ordinarily, there must have been a representation of a…
2Cases cited3 opinions
- Preston v. MannSupreme Court of Connecticut · 1856
- Blanchard v. GregoryOhio Supreme Court · 1846
- Calhoun v. RichardsonSupreme Court of Connecticut · 1861
3Cited by6 opinions
- Anderson v. SpenceIndiana Supreme Court · 1880
- Citizens' Bank of Des Moines v. City of SpencerSupreme Court of Iowa · 1904
- Howard v. National French Draft Horse Ass'nSupreme Court of Iowa · 1915
- Criley v. CasselSupreme Court of Iowa · 1909
- Ross v. FerreeSupreme Court of Iowa · 1895
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