Baehr v. Clark
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action of replevin for a diamond ring and a. diamond stud. The plaintiff and the defendant each claim to be the owner of said property. The cause was submitted to a jury, and, the jury being unable to-agree upon a verdict, by agreement of the parties the-issue was afterwards submitted to the court without a, jury, on the evidence taken by the short-hand reporter at the jury trial.
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Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action of replevin for a diamond ring and a. diamond stud. The plaintiff and the defendant each claim to be the owner of said property. The cause was submitted to a jury, and, the jury being unable to-agree upon a verdict, by agreement of the parties the-issue was afterwards submitted to the court without a, jury, on the evidence taken by the short-hand reporter at the jury trial. The court, upon an examination of' the evidence, found for the plaintiff. The defendant, appeals.
1Opinion of the CourtRothrock, J.
I. The court made special findings-of the facts which it was thought were established by the evidence. We need not set out these findings in. detail, but will recite such as are deemed material to a. determination of the rights of the parties upon an-appeal.
The plaintiff is a dealer in diamonds at the city of Omaha, in the state of Nebraska. In the month of' December, 1888, one J. J. Barker made his appearance-at the plaintiff’s place of business, and represented that he had a customer for a diamond ring and stud, and desired to examine the plaintiff’s goods. He selected the ring and stud now…
2Cases cited5 opinions
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Robinson & Ledyard v. Pogue & SonSupreme Court of Alabama · 1888
- Chicago Dock Co. v. FosterIllinois Supreme Court · 1868
- Hutchinson v. WatkinsSupreme Court of Iowa · 1864
- Perkins v. AndersonSupreme Court of Iowa · 1884
3Cited by6 opinions
- Swartz v. WhiteUtah Supreme Court · 1932
- A. C. Nelsen Auto Sales, Inc. v. TurnerSupreme Court of Iowa · 1950
- Anderson v. PattenSupreme Court of Iowa · 1912
- Gilman Linseed Oil Co. v. NortonSupreme Court of Iowa · 1893
- Northern Insurance Co. of New York v. MillerSupreme Court of Iowa · 1964
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