Legal Opinion

Ex parte Grace

Supreme Court of Iowa

Decided October 17, 1861PublishedCited by 37 opinions

Appeal from Scott District Coicrt. Oke Noxon recovered judgment against Grace, tbe petitioner, and tbe execution issued tbereon being returned unsatisfied, he obtained an order from tbe county judge of Scott county, for tbe appearance before bim of said debtor, for examination, under chapter 126 of tbe Rev. 1860. Upon this examination it was found by tbe county judge that tbe debtor bad money in bis possession, which be refused to deliver up, to be applied towards the…

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Appeal from Scott District Coicrt. Oke Noxon recovered judgment against Grace, tbe petitioner, and tbe execution issued tbereon being returned unsatisfied, he obtained an order from tbe county judge of Scott county, for tbe appearance before bim of said debtor, for examination, under chapter 126 of tbe Rev. 1860. Upon this examination it was found by tbe county judge that tbe debtor bad money in bis possession, which be refused to deliver up, to be applied towards the satisfaction of tbe judgment, though ordered so to do. Tbe debtor persisting in bis disobedience to this order, it was…

1Opinion of the CourtWeight, J.

Several questions, unimportant in their bearing and consequences to the main and essential one, have been discussed by counsel, which we do not deem it necessary to determine. Thus, it is urged by appellants that petitioner should not have been allowed to amend his petition; that there was error in the admission of certain testimony on the hearing of the habeas corpus, and that under this writ the District Judge had no power to review the action of the county judge. To all these, and other comparatively minor matters, the petitioner responds by inquiring by what right Ackley, (the jailor,) or…

2Cases cited1 opinion

  1. Saylor v. MockbieSupreme Court of Iowa · 1859

3Cited by37 opinions

  1. State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
  2. State v. Frew & HartWest Virginia Supreme Court · 1884
  3. Ex parte HardySupreme Court of Alabama · 1880
  4. Wyatt v. the PeopleSupreme Court of Colorado · 1892
  5. Ryan v. KingsberySupreme Court of Georgia · 1891

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