Presnall v. Herbert
Supreme Court of Iowa
Appeal from, Marshall Qvreuit Court. Action of replevin by plaintiff, a married woman, to recover of tbe defendant, wbo is sheriff of Marshall county, a certain mare, levied on by him tinder an execution against James S. Presnall, husband of plaintiff.
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Appeal from, Marshall Qvreuit Court. Action of replevin by plaintiff, a married woman, to recover of tbe defendant, wbo is sheriff of Marshall county, a certain mare, levied on by him tinder an execution against James S. Presnall, husband of plaintiff. The answer denied the ownership of plaintiff, the wrongful taking and the alleged value of the mare, and alleged the taking to be by virtue of an execution against James S. Presnall; that the mare belonged to him, and had been by him fraudulently placed in plaintiff’s hands to avoid the payment of his debts. Jury trial; verdict and judgment for…
1Opinion of the Court
Miller, J".
1 practice: appeals supreme court. I. The appellant complains of alleged errors, committed by the court below, in the exclusion of evidence, an^ ^e giving and refusal of instructions, all which were duly excepted to. No motion for a was ma¿6j or any exception taken to the judgment on the verdict of the jury, and appellee insists, therefore, that there is no question properly before this court for consideration. Previous to the taking effect of chapter 49 of the Laws of 1866, the question was unsettled, whether errors of law, occurring upon the trial, which were not embodied in a…
2Cases cited3 opinions
- Duncan v. RoselleSupreme Court of Iowa · 1864
- Price v. MahoneySupreme Court of Iowa · 1868
- McCoy v. JulienSupreme Court of Iowa · 1863
3Cited by7 opinions
- Hunt v. Iowa Central Railway Co.Supreme Court of Iowa · 1892
- In Re Estate of KahlSupreme Court of Iowa · 1930
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Drefahl v. TuttleSupreme Court of Iowa · 1875
- Ellis v. LeonardSupreme Court of Iowa · 1899
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