Stephens v. Williams
Supreme Court of Iowa
Appeal from Hardin District Court. . This is an action of replevin for one Whittemore & Stephens piano, style E, No. 4718, of which the plaintiff alleges he is the owner, and to the immediate possession of which he claims he is entitled. The defendant alleges that as a duly elected and qualified constable he is entitled to the possession of the piano, in virtue of two writs of attachment, duly issued against H. R. Sutliff, and levied upon the piano as his property.
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Appeal from Hardin District Court. . This is an action of replevin for one Whittemore & Stephens piano, style E, No. 4718, of which the plaintiff alleges he is the owner, and to the immediate possession of which he claims he is entitled. The defendant alleges that as a duly elected and qualified constable he is entitled to the possession of the piano, in virtue of two writs of attachment, duly issued against H. R. Sutliff, and levied upon the piano as his property. There was a jury trial, and a verdict and judgment for plaintiff. Defendant appeals. The material facts are stated in tho opinion.
1Opinion of the Court
Day, Oh. J.
*541i bvimncjc: nowriaí'soái. *540I. A motion was made to suppress the deposition of Roe Stephens, and was overruled. This ruling is as*541signed as error. The deposition was taken before Dwight C. Rexford, purporting to be a notary public of Wayne county, Mich. The only seal affixed to the certificate was a wafer with the words “ D. C. Rexford, Notary Public, Wayne Co., Mich.,” written with a pen. There was no impression on the paper or wafer. No proof was introduced respecting the laws of Michigan. The courts of this state do not take judicial notice of the statutes of other states, but, in…
2Cases cited5 opinions
- Tunis v. WithrowSupreme Court of Iowa · 1860
- Bean v. BriggsSupreme Court of Iowa · 1857
- Blake v. GravesSupreme Court of Iowa · 1865
- Taylor v. LuskSupreme Court of Iowa · 1859
- Gage v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
3Cited by21 opinions
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- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Goodnow v. LitchfieldSupreme Court of Iowa · 1885
- Nodle v. HawthornSupreme Court of Iowa · 1899
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