Hickok v. Buell
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. This is an action of replevin. The petition is in the usual form, and plaintiff avers therein that she is the absolute owner of a certain sewing machine; that she- acquired such ownership by purchase from one M. Backer, and that the detention thereof by defendants, “according to the best belief of the plaintiff, is that whereas M. Backer purchased the property first of an agent, and agreed to sell the same to plaintiff, and she was to…
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Appeal from Des Moines Circuit Court. This is an action of replevin. The petition is in the usual form, and plaintiff avers therein that she is the absolute owner of a certain sewing machine; that she- acquired such ownership by purchase from one M. Backer, and that the detention thereof by defendants, “according to the best belief of the plaintiff, is that whereas M. Backer purchased the property first of an agent, and agreed to sell the same to plaintiff, and she was to pay him for the same, and he was to pay the agent; that he offered to pay according to contract, which was refused, and an…
1Opinion of the CourtRothrock, J.
1. vendor and. persona! property: possession. — I. No judgment was actually rendered against the defendant Buell, and he has no cause to complain of any ruling of the circuit court. The amount in controversy, as shown by the plead- * ox mgs, was less than one hundred dollars, and the court below certified that the cause involves the determination of the following questions of law, upon which it is desirable to have the opinion of this court:
1. Under the pleadings and evidence in this cause can plaintiff maintain this action, and recover the property in controversy, no written instrument,…
2Cases cited2 opinions
- Boothby v. BrownSupreme Court of Iowa · 1874
- Hesser v. WilsonSupreme Court of Iowa · 1872
3Cited by5 opinions
- Bacon & Co. v. ThompsonSupreme Court of Iowa · 1882
- Nuckolls v. PenceSupreme Court of Iowa · 1879
- Wessels v. McCannSupreme Court of Iowa · 1892
- Brown-Camp Hardware Co. v. HawthorneSupreme Court of Iowa · 1912
- Kessey v. McHenrySupreme Court of Iowa · 1880