Oberholtzer v. Hazen
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. This is an action at law brought by the plaintiff against the defendant, who is sheriff of Pottawattamie county, to recover damages for the alleged conversion of a certain stock of merchandise, consisting of tobacco, cigars, pipes, etc., owned by one C. M. Oberholtzer, and by him mortgaged to the plaintiff to secure a note, in the sum of seven thousand, nine hundred and twenty-seven dollars, made by the…
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Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. This is an action at law brought by the plaintiff against the defendant, who is sheriff of Pottawattamie county, to recover damages for the alleged conversion of a certain stock of merchandise, consisting of tobacco, cigars, pipes, etc., owned by one C. M. Oberholtzer, and by him mortgaged to the plaintiff to secure a note, in the sum of seven thousand, nine hundred and twenty-seven dollars, made by the said O. M. Oberholtzer to the plaintiff. The defense was that defendant took possession of the said stock of goods under…
1Opinion of the CourtDeemer, J.
There are fifty-four assignments of error in this case, but they may all be grouped under five heads: First. Alleged error in the admission and rejection of testimony; second, failure to give instructions asked; third, error in the instructions given; fourth, refusal of the court to set aside the special findings of the jury; and fifth, error in the court in refusing to instruct for defendant.
*6041 2 3 4 *603I. Under the first head counsel have argued a great many questions presented by the record in the admission and rejection of testimony, to some of which, *604only, we will refer, the others either not…
2Cases cited1 opinion
- Allen v. KirkSupreme Court of Iowa · 1891
3Cited by5 opinions
- First National Bank v. MensingNorth Dakota Supreme Court · 1920
- Knabe v. KirchnerSupreme Court of Iowa · 1940
- Oberholtzer v. HazenSupreme Court of Iowa · 1897
- Cathcart v. GrieveSupreme Court of Iowa · 1898
- Klay v. McKellarSupreme Court of Iowa · 1904