Marshall v. Bunker
Supreme Court of Iowa
Appeal from Washington District Court. ÜN the 26th day of March, 1873, plaintiff filed his petition in replevin alleging that he is. the owner, and entitled to the possession of- certain personal property, that the defendants wrongfully detain the same from him, and claim to hold it by virtue of a writ of attachment issued from the office of-the Clerk of the District Court, in a case between John IT. Bacon and S. H. Marshall. In the case of J. II.
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Appeal from Washington District Court. ÜN the 26th day of March, 1873, plaintiff filed his petition in replevin alleging that he is. the owner, and entitled to the possession of- certain personal property, that the defendants wrongfully detain the same from him, and claim to hold it by virtue of a writ of attachment issued from the office of-the Clerk of the District Court, in a case between John IT. Bacon and S. H. Marshall. In the case of J. II. Bacon v. 8. SI ■Marshall, on the22d day of July, 1873, the defendant’s motion to dissolve the attachment, and his demurrer to the petition were…
1Opinion of the CourtDay, J.
The judgment appealed from is correct. The action of replevin involves the question as to the right of possession at the times the action was' brought, and the plaintiff, *123to recover, must show a right of possession in the property at the time the action was commenced.
The plaintiff claimed that he was the owner of the property in controversy, and as such that he was entitled to its posses-1. kepjmwist; dismissal of •action. sion. .The defendants claimed that they were ... „ . entitled to- the possession m virtue of an attachment against S. H. Marshall, whom they allege to be the owner. This…
2Cases cited2 opinions
- Cassel v. Western Stage Co.Supreme Court of Iowa · 1861
- Alden & Co. v. CarverSupreme Court of Iowa · 1862
3Cited by9 opinions
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- Bankers' Commercial Security Co. v. District Court of Box Elder CountyUtah Supreme Court · 1922
- Reisner v. CurrierSupreme Court of Iowa · 1882
- Case & Co. v. WolebenSupreme Court of Iowa · 1879
- Rachofsky & Co. v. BensonColorado Court of Appeals · 1903
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