Crawford v. Nolan

Decision Date18 October 1887
Citation34 N.W. 754,72 Iowa 673
PartiesCRAWFORD, TRUSTEE, v. NOLAN ET AL
CourtIowa Supreme Court

Appeal from Palo Alto District Court--HON. LOT THOMAS, Judge.

THIS is an action at law by which the plaintiff seeks to recover of the defendant the value of a stock of millinery goods. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendants appeal.

AFFIRMED.

Harrison & Jenswold, for appellants.

Soper Crawford & Allen, for appellee.

OPINION

ROTHROCK, J.

I.

The cause has once before been in this court upon appeal by defendants. It was reversed and remanded for a new trial because we thought that, as matter of law, it was the right of the defendants to have the question as to the good faith with which plaintiff claimed to be the owner of the goods submitted to the jury. Another trial has been had, in which the jury have passed upon that question, and the case is here again upon forty-one assigned errors, which we will proceed to determine so far as they have been argued; and, as the case involves only the plainest questions of law and fact, the reasons given for our conclusions will be very general and very brief.

The plaintiff was a member of the law firm of Soper, Crawford & Carr. The partnership had certain claims put into their hands against one Mrs. Baldwin to collect or secure. Mrs. Baldwin was the owner of a millinery establishment; and on the 10th day of July, 1884, she executed a chattel mortgage upon all her stock in trade to Crawford to secure the claims in the hands of the firm of which he was a member. Mrs. Baldwin was also indebted to the defendants, Lederer, Strauss & Co., and on the next day after the mortgage was given they sued out an attachment against Mrs. Baldwin, and the defendant Nolan, who is sheriff, seized all of the stock of goods upon the attachment, and afterwards sold them as the property of Mrs. Baldwin. This action is to recover damages for the alleged wrongful seizure and sale of the goods. It will thus be seen that the real question in controversy was the validity of the chattel mortgage held by the plaintiff. The plaintiff introduced in evidence the attachment bond, and the return of the sheriff on the writ of attachment, including the notice given by the plaintiff of his ownership of the goods, and the indemnifying bond. All of these were objected to by the defendants, and they now contend that the court erred in not sustaining the objections. It is a sufficient answer to the objection to say that this is an action for the wrongful seizure and conversion of property; and, the sheriff being a party defendant, his return is evidence against him, as well as those who indemnify him, the same as the declarations and admissions of any other alleged wrong-doer; and the return also shows that on the very day that the sheriff made the levy he was served by the plaintiff with a notice of his ownership of the goods, and the notice served was attached to the return of the writ. This was competent evidence of the service of the notice. It was an admission of record that the notice was served in the proper time; and, to avoid...

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20 cases
  • Wilson v. Else
    • United States
    • Iowa Supreme Court
    • 15 Noviembre 1927
    ...is plainly stated in the pleadings, and a court is privileged to use the same language in the statement of the issues. Crawford v. Nolan et al., 72 Iowa, 673, 34 N. W. 754. If the pleadings are involved and prolix, then it is the better practice for the trial court to condense the pleadings......
  • Wilson v. Else
    • United States
    • Iowa Supreme Court
    • 15 Noviembre 1927
    ... ... and a court is privileged to use the same language in the ... statement of the issues. Crawford v. Nolan, 72 Iowa ... 673, 34 N.W. 754. If the pleadings are involved and prolix, ... then it is better practice for the trial court to condense ... ...
  • Canfield v. Chicago, R.I. & P. Ry. Co.
    • United States
    • Iowa Supreme Court
    • 15 Mayo 1909
    ... ... extraneous or collateral matters, and especially taking from ... the case all issues which have been withdrawn. Crawford ... v. Nolan , 72 Iowa 673, 34 N.W. 754; Welch v ... Insurance Co., supra ; German Ins. Co. v ... Railroad , 128 Iowa 386; Graybill v ... ...
  • McDivitt v. Des Moines City Ry. Co.
    • United States
    • Iowa Supreme Court
    • 23 Noviembre 1908
    ...held not prejudicial for the court to state the issues in the language of the pleader. Little v. McGuire, 43 Iowa 447; Crawford v. Nolan, 72 Iowa 673, 34 N.W. 754. petition in the case at bar was concise, and the language used therein might well be resorted to by the court, without prejudic......
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