McGinn v. Butler
Supreme Court of Iowa
Appeal from CUnton Gvrowit Court. The defendants were warehousemen and dealers in grain in tbe town of DekVitt, Clinton county, Iowa, under tbe firm name of G. W. Byrne & Co. Tbe plaintiff, in the months of February and March, 1869, placed two hundred and twenty-one and thirty one-hundredth bushels of Canada Club wheat and three hundred and ninety-three and ninety one-hundredth bushels of Mediterranean wheat in store with defendants.
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Appeal from CUnton Gvrowit Court. The defendants were warehousemen and dealers in grain in tbe town of DekVitt, Clinton county, Iowa, under tbe firm name of G. W. Byrne & Co. Tbe plaintiff, in the months of February and March, 1869, placed two hundred and twenty-one and thirty one-hundredth bushels of Canada Club wheat and three hundred and ninety-three and ninety one-hundredth bushels of Mediterranean wheat in store with defendants. Plaintiff alleges that he placed the wheat thus in store with the defendants under a special agreement with them to the effect that plaintiff was to pay…
1Opinion of the CourtMiller, J.
— I. The first error assigned is the overruling of the motion to set aside the attachment against defendant McKinney.
l. Attachment: tractu ana°ex" delicto. The statute provides (Rev., § 3177) that, “ when an action is founded on tort, the original petition must be presented to some judge of the supreme, district or circuit court, who must make an allowance thereon of the amount in value of the property of the defendant that may be attached.” The appellants’ position is, that the action in this case is “founded on tort” for the wrongful conversion of plaintiff’s wheat, and hence an allowance,…
2Cases cited2 opinions
- Brockman v. BerryhillSupreme Court of Iowa · 1864
- Lord v. GaddisSupreme Court of Iowa · 1858
3Cited by4 opinions
- Marshall v. AndrewsNorth Dakota Supreme Court · 1899
- Kipp v. CarlsonSupreme Court of Kansas · 1938
- Durand v. Northwestern Life & Savings Co.Supreme Court of Iowa · 1900
- Schwartz v. ClarkAppellate Court of Illinois · 1907