Games v. Robb
Supreme Court of Iowa
Appeal from, the Miiscatine District Court. Trespass for taking and carrying away personal property. Defendant is the treasurer of Muscatine county, and justifies the seizure, possession and sale óf the property, under a warrant for the collection of certain taxes. The questions made, arise upon demurrers to the answer and replication. The demurrer to tbe answer was overruled; that to the replication was sustained. Plaintiffs appeal.
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Appeal from, the Miiscatine District Court. Trespass for taking and carrying away personal property. Defendant is the treasurer of Muscatine county, and justifies the seizure, possession and sale óf the property, under a warrant for the collection of certain taxes. The questions made, arise upon demurrers to the answer and replication. The demurrer to tbe answer was overruled; that to the replication was sustained. Plaintiffs appeal. The facts are sufficiently stated in the opinion of the court.-
1Opinion of the CourtWright, C. J.
The answer, (or so much as is demurred to), sets up that defendant was at the time of the taking, charged in the petition, treasurer of Muscatine county, and as such officer, was the duly authorized collector of taxes for said county; and that prior thereto, the tax list for the year 1855, was placed in his hands, together with the warrant of the county judge of said county, commanding defendant to collect the taxes mentioned in said list, which said tax list and warrant, he avers lie is ready to produce in court. A copy of the warrant he attaches, and asks that it be made a part of his…
2Cases cited2 opinions
- Clapp v. County of CedarSupreme Court of Iowa · 1857
- Hershey v. FrySupreme Court of Iowa · 1855
3Cited by4 opinions
- Arians v. BrickleyWisconsin Supreme Court · 1885
- Smith v. Henry CountySupreme Court of Iowa · 1863
- Lebaron v. ShepherdMichigan Supreme Court · 1870
- United States ex rel. Thompson v. Lee CountyU.S. Circuit Court for the Northern District of Illnois · 1869