Donnelly v. Mitchell
Supreme Court of Iowa
Appeal from Pocahontas District Court. — Hon. A. D. Bailie, Judge. Action against defendant, as sheriff, to recover value of property of plaintiff alleged to have been wrongfully levied on and sold by defendant, as sheriff, under writ of attachment against one Flynn. At the conclusion of plaintiff’s'evidence the court sustained defendant’s motion to direct a verdict for defendant, and rendered judgment thereon. Plaintiff appeals. —
1Opinion of the CourtMcClain, J.
The property for .the wrongful conversion of which plaintiff sought to recover damages consisted *433of horses and mules delivered by plaintiff to Flynn in Wisconsin, and brought by Flynn to Pocahontas county, Iowa, and there kept and used by Flynn in performing a railroad grading contract. There is no question that, if the property belonged to Flynn, the levy and sale by the sheriff was lawful. Plaintiff claims, however, that the animals belonged to him, and that Flynn was only the bailee, with a contingent right to purchase a one-half interest therein on certain conditions, which were not…
2Cases cited11 opinions
- Hamilton v. BillingtonSupreme Court of Pennsylvania · 1894
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Conable v. LynchSupreme Court of Iowa · 1876
- Budlong v. CottrellSupreme Court of Iowa · 1884
- Wright v. Barnard Bros.Supreme Court of Iowa · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hansen v. KuhnSupreme Court of Iowa · 1939
- Greenlease-Lied Motors v. SadlerSupreme Court of Iowa · 1933
- Hull-Dobbs Motor Co. v. Associates Discount Corp.Supreme Court of Iowa · 1950
- Miller & Kizer v. Des Moines City Railway Co.Supreme Court of Iowa · 1923
- Maxwell Motor Sales Corp. v. Bankers Mortgage & Securities Co.Supreme Court of Iowa · 1923
10 more not listed; retrieve them via the Exa API.