Blair v. Fritz
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. F. M. Powers, Judge. Action to recover the possession of a horse, buggy, harness, and lap robes from the defendants, who are the sheriff and deputy sheriff of Carroll county, and one Anderson, who was a judgment creditor of the plaintiff. Plaintiff alleged that the property was exempt from execution.
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Appeal from Carroll District Court. — Hon. F. M. Powers, Judge. Action to recover the possession of a horse, buggy, harness, and lap robes from the defendants, who are the sheriff and deputy sheriff of Carroll county, and one Anderson, who was a judgment creditor of the plaintiff. Plaintiff alleged that the property was exempt from execution. This the defendant denied; and on this issue, as well as some collateral ones, the case was tried to the court, without a jury, resulting in a judgment for defendants, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
Some motions have been submitted with the case, which, in view of the final conclusion reached, will not be considered.
The merits involve but a single question of mixed law and fact, and that is: "Was the property in question exempt from execution ? L. T. Anderson, one of the defendants, held a judgment against the plaintiff herein, Arista Blair, for the sum of $119 and costs, which judgment was rendered by the district court of Carroll county, Iowa, on February 13, 1910. On July 10, 1912, an execution issued on said judgment to the sheriff of Carroll county, which was delivered to the deputy…
2Cases cited5 opinions
- Tyson v. ReynoldsSupreme Court of Iowa · 1879
- Fullerton v. SherrillSupreme Court of Iowa · 1901
- Emerson v. LeonardSupreme Court of Iowa · 1895
- Marks v. McGookinSupreme Court of Iowa · 1905
- Ayres, Weatherwax & Reed Co. v. Dorsey Produce Co.Supreme Court of Iowa · 1897
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- Armstrong-McClenahan Co. v. RhoadsSupreme Court of Iowa · 1917
- First Nat. Bank Mason City v. LarsonSupreme Court of Iowa · 1931
- Solnar v. SolnarSupreme Court of Iowa · 1927
- In re OpavaDistrict Court, N.D. Iowa · 1916
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