Moorman v. Collier
Supreme Court of Iowa
Appeal from KeolmTc Gvrcuit Gowrt. On the 3d day of October, 1870, the plaintiffs filed their petition, under oath, claiming of defendant, J. B. Collier, $388.93, on a note executed by him to them, and also asking an attachment. The writ was issued the same day, and was served by the sheriff by levying on a horse, saddle and bridle, and attaching two persons as garmshees.
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Appeal from KeolmTc Gvrcuit Gowrt. On the 3d day of October, 1870, the plaintiffs filed their petition, under oath, claiming of defendant, J. B. Collier, $388.93, on a note executed by him to them, and also asking an attachment. The writ was issued the same day, and was served by the sheriff by levying on a horse, saddle and bridle, and attaching two persons as garmshees. The return of the sheriff also states, “ that on the 6th day of October, 1870, the defendant, with J. G. Good as surety, executed .and delivered to me- the bond herewith annexed and returned.” The annexed bond was, in all…
1Opinion of the CourtCole, J.
l. assignment: acStion.f I. Upon the trial the plaintiffs offered the bond in evidence. The defendant objected, because it was not given to plaintiffs, but was for the sheriff only. This objection was overruled, and this is assigned as error. There was no error in the ruling of the court. All instruments, under our statute, are assignable so that the assignee shall have a right of action in *140his own name. Rev., § 1796. Hence, the bond having been assigned to plaintiffs, they might offer it in evidence.
8. Bond : action. But further than this, our statute also provides that, when a bond given to…
2Cited by11 opinions
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- Pryce v. StatlerSupreme Court of Iowa · 1875
- Dobler v. BawdenSupreme Court of Iowa · 1947
- Marshall v. WestropeSupreme Court of Iowa · 1896
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