Johnson v. Fisher
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District for Fremont County. Hon. James G. Gwinn, Judge. Action to recover the value of certain personal property which had been levied upon and sold by the sheriff under execution. Judgment for defendants. The testimony shows that the property, when the levy was made, was in possession of the appellants.
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APPEAL from the District Court of the Ninth Judicial District for Fremont County. Hon. James G. Gwinn, Judge. Action to recover the value of certain personal property which had been levied upon and sold by the sheriff under execution. Judgment for defendants. The testimony shows that the property, when the levy was made, was in possession of the appellants. In such case it is incumbent on the officer, who seeks to justify the levy, to show not only a writ fair on its face, but a valid judgment on which the writ issued. {Podge v. O’Neal, 12 Cal. 483; Hakanson v. Brodke, 36 Neb.. 42, 53 N. W.…
1Opinion of the CourtSullivan, J.
— This action was brought by the appellants against the respondent Fisher, as sheriff of Fremont county, and the National Surety Co., as surety on said sheriff’s official bond, to recover the value of certain wheat and oats alleged,to have been taken by said sheriff on execution against the father of said appellants, Martin Johnson.
The main question involved was the ownership of said grain. The cause was tried by the court with a jury and resulted in a verdict and judgment for the respondents. The appeal is from the judgment.
The assignments of error go to the sufficiency of the evidence to…
2Cited by3 opinions
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1943
- Poulsen v. New Sweden Irr. Dist.Idaho Supreme Court · 1946
- Amonson v. Idaho Development Co.Idaho Supreme Court · 1914