Eddy v. Howard
Supreme Court of Iowa
Appeal from Iowa District Court. Howard was sheriff of Johnson county, in 1857. The other defendants (three firms) were creditors of one Darwin ; they obtained attachment, and the sheriff levied the same upon certain goods. Plaintiff, claiming to be the owner of said goods, brought this action of trespass, laying his damages" at $10,000. Trial, verdict and judgment for plaintiff, in the sum of $8,425.26, and defendants (the creditors) appeal.
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Appeal from Iowa District Court. Howard was sheriff of Johnson county, in 1857. The other defendants (three firms) were creditors of one Darwin ; they obtained attachment, and the sheriff levied the same upon certain goods. Plaintiff, claiming to be the owner of said goods, brought this action of trespass, laying his damages" at $10,000. Trial, verdict and judgment for plaintiff, in the sum of $8,425.26, and defendants (the creditors) appeal. It was error to submit to the jury the question, “Was the trespass joint or several ?” Because —- 1. The law does not authorize the court to submit to a…
1Opinion of the Court
"Wright, J".
1. Trespass: seizure of goods: joinfc seizure of liability. The point in controversy in this ease before the jury, was whether the creditors were jointly liable. They were not personally present, respectively, controlling the service of the writs, and the seizure and sale of the property; but it is conceded that the acts of their several attorneys were theirs, and that they are to be héld accordingly. *182Each creditor had a different attorney, and upon the contested question there was much testimony, and upon it, indeed, the whole case apparently turned. It seems that the court…
2Cases cited1 opinion
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
3Cited by2 opinions
- Sparkman v. SwiftSupreme Court of Alabama · 1886
- Torrey, Davidson & Grosscup v. Schneider & DavisTexas Supreme Court · 1889