Crites v. Littleton
Supreme Court of Iowa
Appeal from Des Moines District Court. Wilson commenced his action of replevin before a justice of the peace, to recover the possession of a horse, against the appellant, Littleton, the appellee, Crites, being his surety on the replevin bond.
Read the full summary
Appeal from Des Moines District Court. Wilson commenced his action of replevin before a justice of the peace, to recover the possession of a horse, against the appellant, Littleton, the appellee, Crites, being his surety on the replevin bond. Before the justice, Wilson failed to appear and prosecute his action, and judgment was rendered against him and the said Crites, for the value of the horse-. Thereupon, Crites appealed in his own name, and in the District Court the defendant moved to dismiss the appeal upon the ground that the surety, in a replevin bond, could not thus be heard to…
1Opinion of the CourtWright, J.
i . . . replevin1: °f surety cannot. The only question made on this appeal, is whether the surety could prosecute an appeal in his own name, and have retried in the District Court, the issues made and determined before ^ jusj¿cej between his principal and the defendant.
The condition of the replevin bond, drawn in accordance with the requirements of the law, was, that Wilson should appear and prosecute his suit to judgment, return the property if a return should be awarded, and pay all damages and costs which might be adjudged against him. Rev. § 3551. This same section declares that a…
2Cases cited5 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- State ex rel. Alderson v. JonesSupreme Court of Iowa · 1860
- Utica City Bank v. BuellNew York Supreme Court · 1859
- McLaren v. HopkinsNew York Court of Chancery · 1828
3Cited by4 opinions
- Berthold v. FoxSupreme Court of Minnesota · 1874
- Evans v. Cheyenne Cement Stone & Brick Co.Wyoming Supreme Court · 1912
- Halliday v. WrightSupreme Court of Florida · 1901
- Freeman v. HartSupreme Court of Iowa · 1883