Legal Opinion

Jansen v. Effey

Supreme Court of Iowa

Decided December 24, 1859PublishedCited by 9 opinions

Appeal from Scott District Court. JANSEN sued Effey in replevin for personal property, alleged to be of the value of five hundred dollars, and filed a replevin bond with Theodore Oelkers and H. Plolm, as sureties. The sheriff executed the writ by delivering the property to the plaintiff. Effey answered, denying the allegations of wrongful detention; of property in the plaintiff; and of exemption from seizure under the execution in the hands of the defendant as coroner.

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Appeal from Scott District Court. JANSEN sued Effey in replevin for personal property, alleged to be of the value of five hundred dollars, and filed a replevin bond with Theodore Oelkers and H. Plolm, as sureties. The sheriff executed the writ by delivering the property to the plaintiff. Effey answered, denying the allegations of wrongful detention; of property in the plaintiff; and of exemption from seizure under the execution in the hands of the defendant as coroner. The jury returned a verdict for the defendant, “for the sum of three hundred and thirty-six dollars and thirty-seven cents.”…

1Opinion of the CourtWoodward, J.

The judgment rendered against the sureties is erroneous and must be reversed. The counsel aim to support this judgment, by the argument that one condition of the bond is broken the moment the jury render a verdict for damages against the plaintiff. This may be so, and yet it does not follow that judgment may be rendered instantly against the sureties. Upon principal they are entitled to their day in court. This is the law where there is no statute to intervene, authorizing a judgment. The instance referred to, of giving judgment against the sureties in an appeal bond, is by virtue of the…

2Cited by9 opinions

  1. Wilson v. FullerSupreme Court of Kansas · 1872
  2. Oester v. SitlingtonSupreme Court of Missouri · 1893
  3. Berdolt v. BerdoltNebraska Supreme Court · 1898
  4. Bosse v. ThomasMissouri Court of Appeals · 1877
  5. Wilkins v. TreynorSupreme Court of Iowa · 1862

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