Hattenback v. Hoskins
Supreme Court of Iowa
Appeal from Woodbury District Court. Action against a sheriff for damages sustained by tbe wrongful levy of an attachment upon tbe property of tbe plaintiff. Eor the material facts see tbe opinion of tbe court. argued: 1. The verdict did not authorize tbe judgment entered; 2. Tbe judgment was not according to tbe verdict; 3. The judgment entry was illegal, having been made in vacation.
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Appeal from Woodbury District Court. Action against a sheriff for damages sustained by tbe wrongful levy of an attachment upon tbe property of tbe plaintiff. Eor the material facts see tbe opinion of tbe court. argued: 1. The verdict did not authorize tbe judgment entered; 2. Tbe judgment was not according to tbe verdict; 3. The judgment entry was illegal, having been made in vacation. Townsley v. Morehead, 9 Iowa 565. relied upon Stevens v. Gamphell, 6 Iowa 538; McGregor v. Armill, 2 lb. 30; Harrell v. Stringfield, Mor. 18.
1Opinion of the CourtBaldwiN, J.
The jury to whom this cause was submitted, returned into a court a verdict in favor of the plaintiff for the sum of $2398 54-100, with interest from the date of a certain writ of attachment named in the pleadings, and in the service of which, it is claimed that the defendant, as sheriff, committed the trespass of which the plaintiff complains. A motion in arrest of judgment and for a new trial was made, which was overruled, and the defendant appeals.
The record, as certified to us, shows the following entries made in this cause, viz: “ This motion (for a new trial) is submitted to the court…
2Cases cited1 opinion
- Townsley v. MoreheadSupreme Court of Iowa · 1859
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