Coad v. Schaap
Supreme Court of Iowa
Appeal from Sioux District Court. — H9N. William Hutchinson, Judge. Action to recover damages against defendant, as sheriff, for the conversion of moneys collected under execution running against the plaintiff, issued in an action in which judgment was rendered against him, and also to recover a penalty for selling the property of plaintiff on execution without the notice required by Code, section 4027. On a trial to the court there was a judgment against plaintiff for…
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Appeal from Sioux District Court. — H9N. William Hutchinson, Judge. Action to recover damages against defendant, as sheriff, for the conversion of moneys collected under execution running against the plaintiff, issued in an action in which judgment was rendered against him, and also to recover a penalty for selling the property of plaintiff on execution without the notice required by Code, section 4027. On a trial to the court there was a judgment against plaintiff for costs, and plaintiff appeals.
1Opinion of the CourtMcClain, J.
The defendant, as sheriff, held an execution against this plaintiff in an action in which judgment had been rendered against him for $183.07, including costs, and under such execution served notice of garnishment on an alleged debtor of said execution defendant. In response to this notice of garnishment the sum of $265, held by the garnishee as the property of the execution defendant, was surrendered to the sheriff, and the garnishee was thereupon discharged. The execution was then returned to the clerk of the court with the amount of money necessary for its satisfaction, and the clerk…
2Cases cited3 opinions
- Puth v. ZimblemanSupreme Court of Iowa · 1896
- Page v. GrantSupreme Court of Iowa · 1905
- Brier v. DavisSupreme Court of Iowa · 1903
3Cited by9 opinions
- Ferris v. RileySupreme Court of Iowa · 1960
- Jettre v. HealySupreme Court of Iowa · 1953
- Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
- Farmers Mercantile Co. v. Farmers Ins.Supreme Court of Iowa · 1913
- Lende v. FergusonSupreme Court of Iowa · 1946
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