Citizens' National Bank v. Loomis
Supreme Court of Iowa
Appeal from Polls District Court. — Hon. W. F. Conrad, Judge. 1 In March, 1889, one Smith commenced an action against Hess, in the district court of Polk county, Iowa, for the recovery of rent, and asking the issue of a landlord’s attachment.
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Appeal from Polls District Court. — Hon. W. F. Conrad, Judge. 1 In March, 1889, one Smith commenced an action against Hess, in the district court of Polk county, Iowa, for the recovery of rent, and asking the issue of a landlord’s attachment. The writ was issuance and placed in the hands of the defendant, then sheriff for service.On April 12, 1889, the writ, with the following return thereon, was filed with the clerk of said court: “State of Iowa, Polk County — ss: I hereby certify that the annexed writ of attachment came into my hands the first day of March, 1889, at — o’clock, — m. of said…
1Opinion of the CourtKinne, J.
2 I. Appellee insists that, even if there was error in the ruling of the court in the respects hereafter spoken of, the same was without prejudice, for the reason that plaintiff has no right to prosecute this suit. The claim is that the assignment of the judgment alone did not carry with it to plaintiff the right to sue the sheriff for damages arising by reason of his alleged negligence in permitting the property levied upon to be disposed of. Just what rights will pass by the assignment of a judgment to an assignee, other than the right to enforce the judgment in the usual way, has never…
2Cases cited13 opinions
- Schlieman v. BowlinSupreme Court of Minnesota · 1886
- Jenney v. DelesdernierSupreme Judicial Court of Maine · 1841
- Forrest v. O'DonnellMichigan Supreme Court · 1880
- Charles City Plow & Manf'g Co. v. Jones & Co.Supreme Court of Iowa · 1887
- Willard v. GoodrichSupreme Court of Vermont · 1859
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3Cited by9 opinions
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- Applebaum v. StantonIdaho Supreme Court · 1929
- Fischer v. KlinkSupreme Court of Iowa · 1944
- Commonwealth v. WamplerSupreme Court of Virginia · 1905
- Fidelity & Deposit Co. v. McFaddenArizona Supreme Court · 1936
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