Edgar v. Caldwell

Decided January 15, 1845

Supreme Court of Iowa · decided 1845-01-15

This was a suit instituted by Edgar against Caldwell before a justice of the peace,¿j(or damages, for the taking from the plaintiff's possession, a horse, and judgment against the defendant was rendered for $?19,50 damages and costs. The defendant appealed to the District Court. At September term 1844, the defendant moved to dismiss the appeal because the amount sued for exceeded the jurisdiction of the justice, which motion was overruled.

Decided 1845-01-15

¶1Per Curiam,

WilsoN, Justice.

¶2In this case the motion to s(rike> out the bill of exceptions signed by bye-standers, is sustained, as it nowhere appears that the Judge refused to sign it.

¶3The judgment of the court below is reversed. The case should have been submitted to the jury. Although the constable might seize the whole, yet he ought to have sold but the share, of the judgment debior the subsequent sale of the whole horse made him a trespasser ab initie ^ and the other part owner may maintain trover or trespass at his election. Vide, 15th, Mass. Rep. 82, Melville vs. Brown.

¶4Judgment reversed.