Hibbard v. Zenor
Supreme Court of Iowa
-Appeal from Boone District Court. — Hon. J. L. Stevens, Judge. This is an action of replevin for a stock of hard- • ware.
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-Appeal from Boone District Court. — Hon. J. L. Stevens, Judge. This is an action of replevin for a stock of hard- • ware. The plaintiffs’ action is founded npon a chattel mortgage npon the stock, executed by a mercantile partnership known as Hall & Co. ; and the defendant, who is sheriff of Boone county, claims possession of the goods by virtue of certain writs of attachment -which he levied upon the property at the suits of certain creditors of Hall & Co. There was a trial by jury, and a. verdict and judgment for the plaintiffs. The defendant appeals.
1Opinion of the CourtBothkock, J.
I. This is a race between creditors, to obtain priority in subjecting the assets of an insolvent l. Rf.pi.tsv™: proofof utl partnership to the payment of their respective e- debts due from the firm. The plaintiffs, are the principal creditors ;. that is, their claim is more than all of the others. The case has once before been tried, and an appeal was taken from a judgment against, the plaintiffs. The cause was reversed for an error in instructing the jury as to what constituted a legal levy of the writs of attachment. 75 Iowa, 471. The facts-attending the levy of the attachments and the…
2Cases cited5 opinions
- Hibbard, Spencer, Bartlett & Co. v. ZenorSupreme Court of Iowa · 1888
- Johnson v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
- Samuels v. GriffithSupreme Court of Iowa · 1862
- Stewart & Brown v. SmithSupreme Court of Iowa · 1882
- State v. ShannehanSupreme Court of Iowa · 1867
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