Patterson v. Clark
Supreme Court of Iowa
Appeal from Linn District Court. An action in the nature of a trespass, for the wrongful taking and carrying away of a wagon, set of whifdetrees and a neck yoke, the alleged property of plaintiff. The defense consists in a denial of the trespass as charged, and also a denial that the plaintiff was the owner of the property specified. The trial resulted in a verdict and judgment for the defendants; whereupon the plaintiff appeals.
1Opinion of the Court
Lowe, Ch. J.
i. pi/eadpSfsities' The errors complained of are, that the court allowed the defendants, under the issue made, to prove that the property in question was owned by and belonged to one Lytle, and not the plaintiff ; also, in giving and refusing certain instructions, and overruling the motions for a new trial.
The defense set up is simply one of denial, not of justification ; putting in issue the truth of the averments of plaintiff’s petition, admitting virtually by such defense, that if these averments are true, then, in legal contemplation, they are trespassers.
The case made in the…
2Cases cited1 opinion
- Dyson v. ReamSupreme Court of Iowa · 1859
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