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Lavalle v. Badgly

Lavalle v. Badgly, 33 Iowa 155 (1871)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
December 22, 1871
Judges
Day
Citations
33 Iowa 155
Headnotes
Justice of th.8 Peace: JUDGMENT. Judgment in an action of replevin before a justice of tbe peace in tbe following form: After examination of witnesses and allegations of plaintiff and defendant, it was considered to render to plaintiff peaceable possession of one black steer, value $35, and one yearling steer of tlie value of $10, together with $5 damages for wrongfully detaining said steers, and costs taxed at $5.50. HdA, that this judgment was sufficient.
Summary
Appeal from the ChieTcascm Cvrcidt Court. This was an appeal from the court of a justice of tbe peace to tbe circuit^ court. Tbe appeal was dismissed on motion of the appellee. The' defendant appeals to this' court. Tbe facts are stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Day

Text extracted by OCR from a scanned original; check the original for exact wording.

Day, Ch. J.

Tbe plaintiff commenced an action of replevin before M. Bums, justice of tbe peace. Tbe justice’s docket contains tbe following entry :

“ After examination of witnesses and allegations of tbe plaintiff and defendant, it was considered to render to plaintiff, Mary Lavalle, peaceable possession of one black muley steer, value $35, and one yearling steer of tbe value of $10, together with $5 damages for wrongfully detaining said steers from tbe plaintiff, and costs taxed against tbe defendant at $5.50.

“ Michael Burns, J. P.”

Upon appeal of tbe defendant to tbe circuit court a motion of plaintiff, to dismiss tbe appeal upon tbe ground that “ no judgment was rendered by tbe justice,” was sustained. This ruling is tbe only act complained of. It was clearly erroneous.

Judgments no more formal and explicit than this have heretofore been sustained by this court. See Stowers v. Milledge et al., 1 Iowa, 150 ; Taylor, Shipton & Co. v. Runyan & Brown, 3 id. 474; Barrett v. Garragan, 16 id. 47.

Reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1886–1887: 11888–1889: 11902–1903: 118862026peak 1886 · 1

Relies on it most ⓘ

  1. Reizenstein v. Marquardt1 L.R.A. 318 (Iowa 1888)
  2. Fowler v. Thomsen94 N.W. 810 (Neb. 1903)
  3. King Iron Bridge & Manuf'g Co. v. County of Otoe27 F. 800 (U.S. Cir. Ct. 1886)

Most recent

  1. Fowler v. Thomsen94 N.W. 810 (Neb. 1903)
  2. Reizenstein v. Marquardt1 L.R.A. 318 (Iowa 1888)
  3. King Iron Bridge & Manuf'g Co. v. County of Otoe27 F. 800 (U.S. Cir. Ct. 1886)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Stowers v. Milledge, 1 Iowa 150 (1855) 8

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