Marquis v. Illsley
Supreme Court of Iowa
Appeal from Polk Districi Court. — Hon. S. F. Balliet, Judge. This action was commenced at law to recover damages for the alleged wrongful conversion of specific personal property. The defendant filed an answer, and also a motion to transfer the cause to the equity docket. The motion was sustained, and an answer to the counter-claim and a reply thereto were subsequently filed.
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Appeal from Polk Districi Court. — Hon. S. F. Balliet, Judge. This action was commenced at law to recover damages for the alleged wrongful conversion of specific personal property. The defendant filed an answer, and also a motion to transfer the cause to the equity docket. The motion was sustained, and an answer to the counter-claim and a reply thereto were subsequently filed. A trial by jury was then had, special findings were returned, and a decree was rendered, from which the defendant appeals.—
1Opinion of the CourtRobinson, J.
The material facts involved in this case appear to be substantially as follows: At some time prior to the year 1889, Gr. S. Mann recovered judgment in the district court of Clay county against A. D. Taylor. An appeal from the judgment was taken by Taylor, and a supersedeas bond, with the defendant as a surety, was filed. To indemnify the defendant against loss by reason of his signing the bond, Taylor gave to him a bill of sale of several horses and colts, two carriages, and two sets of harness, and delivered to him nearly, if not quite, all the property therein described. Taylor died in…
2Cases cited4 opinions
- Mann v. TaylorSupreme Court of Iowa · 1889
- Ryman v. LynchSupreme Court of Iowa · 1889
- Morris v. Merritt & Co.Supreme Court of Iowa · 1879
- Wilkinson v. PritchardSupreme Court of Iowa · 1895
3Cited by9 opinions
- Eller v. NewellSupreme Court of Iowa · 1913
- Twogood v. AlleeSupreme Court of Iowa · 1904
- Dille v. LongwellSupreme Court of Iowa · 1914
- Gatch v. GarretsonSupreme Court of Iowa · 1896
- Pickler v. LanphereSupreme Court of Iowa · 1929
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