Legal Opinion

Negley v. Cowell

Supreme Court of Iowa

Decided May 21, 1894PublishedCited by 6 opinions

Appeal from Franklin District Court. — Hon. D. E. Hindman, Judge. The plaintiff is the owner of a section of land in Franklin county, and she is a resident of Pennsylvania. The land, in whole or in part, was occupied and used by the defendant for the years 1884, 1885, 1886, and 1887; and the averments of the petition are that the occupancy was a willful trespass; and this action is to recover the damage therefor.

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Appeal from Franklin District Court. — Hon. D. E. Hindman, Judge. The plaintiff is the owner of a section of land in Franklin county, and she is a resident of Pennsylvania. The land, in whole or in part, was occupied and used by the defendant for the years 1884, 1885, 1886, and 1887; and the averments of the petition are that the occupancy was a willful trespass; and this action is to recover the damage therefor. The answer is a denial and pleads matter of defense and in mitigation. The cause was tried to a jury, that returned a verdict for the plaintiff, and from a judgment thereon the…

1Opinion of the Court

. Granger, O. J.

1 *2582 3 4 *2605 *257I. The issues formed, upon which the trial was finally had, were upon a substituted petition, m which there was an averment of damage for trespass in the use of a pasture. Under an order of the court for a more specific statement, the petition was amended so as to specify the damages for each of the years, and for what the damage is claimed; and it is a matter of much doubt whether, under the petition as amended, the issues involved a claim for damage-on account of pasturage. Appellant urges that the issues present no such a claim, and the appellee urges that they do.…

2Cases cited9 opinions

  1. Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
  2. Johnson v. MillerSupreme Court of Iowa · 1886
  3. Murphy v. S. C. & P. R.Supreme Court of Iowa · 1881
  4. White v. SpanglerSupreme Court of Iowa · 1885
  5. Blair Town Lot & Land Co. v. HillisSupreme Court of Iowa · 1888

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Duncan v. GraySupreme Court of Iowa · 1899
  2. Will of Knox v. KnoxSupreme Court of Iowa · 1904
  3. Brandt v. StorySupreme Court of Iowa · 1913
  4. State v. SwallumSupreme Court of Iowa · 1900
  5. State Bank v. GatesSupreme Court of Iowa · 1901

1 more not listed; retrieve them via the Exa API.

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