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59 Iowa 459

Porter v. Dalhoff & Co.

Supreme Court of Iowa

Decided October 5, 1882

Supreme Court of Iowa · decided 1882-10-05

Plaintiff commenced this action in detinue to recover a stock of goods, and for damages for the unlawful detention of the same. R. M. Sylvester, deputy sheriff, and Dalhoff & Oo. were made defendants, and it appears from the petition that Sylvester levied an execution upon the goods, in a case in which Dalhoff & Oo. were plaintiffs in execution, and a partnership named Porter & Porter were defendants.

Decided 1882-10-05

Rothrook, J.

¶1This is an action for specific personal property, and under section 3225 of the Code “it may be brought in any county in which the property, or some part thereof, is situated.” The venue is not limited to the county of the residence of the defendant. The defendants Dalhoff & Co. *461were required to either disclaim any interest or claim to the property or defend the action in the county where it was situated. They were not entitled to a change of the place of trial.

¶2By their answer they contested the ownership and right of possession of the property, and they had no right to a dismissal after verdict against them because Allen was released. Section 2587 of the Code, upon which appellants rely, has no application to a case like this. That section refers to actions which are purely personal.

¶3Affirmed.

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