Tubbs v. Garrison
Supreme Court of Iowa
Appeal from Harrison Circuit Court. This action was brought against the defendant, Garrison, as sheriff of Harrison county, to recover for damages alleged to have been sustained by levy upon and sale made by the defendant of certain household furniture alleged to be exempt from execution. There was a trial to a jtfry, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
1. fxecuemptpropabmittmeave dencefekopI. The defendant admitted the levy and sale, at least in respect to some of the goods, but denied that they 'were exempt, because, at the time of the levy, plaintiff had started with his family to leave the state. The defendant also pleaded that, even if the plaintiff, with his family, had not started to leave the state, he was estopped from denying that he had started to leave the state, because he started on a journey with his family and left the county, and, before start*46ing, informed divers persons that he was intending to leave the state, which fact…
2Cases cited1 opinion
- Graw v. Manning & EppersonSupreme Court of Iowa · 1880
3Cited by21 opinions
- Willard v. Valley Gas & Fuel Co.California Supreme Court · 1915
- Pecos & N. T. Ry. Co. v. GrundyCourt of Appeals of Texas · 1914
- State v. HathawaySupreme Court of Iowa · 1896
- Shikany v. Salt Creek Transp. Co.Wyoming Supreme Court · 1935
- Clark v. EllsworthSupreme Court of Iowa · 1898
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