Dunham v. Dennis
Supreme Court of Iowa
Appeal from Gass District Gourt. Replevin for one hundred and thirty-two head of cattle of the alleged value of $3300, which the petition charges were taken and driven by the defendants from the rush beds and willows in the Missouri river bottom in January and February, 1857. The answer denies every material allegation of the petition and sets up that about the 27th of January, defendants, with the approval, and for the benefit of plaintiff, took into their possession…
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Appeal from Gass District Gourt. Replevin for one hundred and thirty-two head of cattle of the alleged value of $3300, which the petition charges were taken and driven by the defendants from the rush beds and willows in the Missouri river bottom in January and February, 1857. The answer denies every material allegation of the petition and sets up that about the 27th of January, defendants, with the approval, and for the benefit of plaintiff, took into their possession eighty-six head of cattle which wrere in a starving condition, and took care of and fed sixty-eight of them until March 16th,…
1Opinion of the CourtWright, C. J.
This case, like too many others which find their way into this court, is made up in an exceedingly loose and disjointed manner. Errors are assigned to the action of the court in refusing some, ten or twelve instructions asked by plaintiff, and yet what purports to be a bill of exceptions incorporating these instructions, is not signed by the judge nor does it contain a concise and plain, or any statement of the facts out of which the questions of law arose. If it was proper to rescind this part of the case therefore, every doubt as to the facts would of course be turned against the excepting…
2Cited by3 opinions
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Lapham v. OsborneNevada Supreme Court · 1888
- Campbell v. FoxSupreme Court of Iowa · 1860