Musser v. Maynard
Supreme Court of Iowa
Appeal from Gedar District Oomt. Action at law upon a sheriff’s official bond to recover damages for an alleged failure to make the money on a certain execution, issued upon a judgment in favor of plaintiffs and against Theodore Pearson and Alexander Pearson. There was a trial by jury, which resulted in a verdict and judgment for defendants. Plaintiffs appeal.
1Opinion of the CourtRothrock, J.
This is the second appeal in this case. See 55 Iowa, 197. Upon the last trial it appeared that the sheriff received the execution in question on the 21st day of August, 1877. He stated in his testimony as a witness that on the 24th day of the same month he made a levy on certain growing corn, the property of Theodore Pearson, subject to a mortgage which was represented to be upon it, and subject to what he (Pearson) claimed was exempt from execution for his stock and family. This corn was cultivated by Pearson upon the farm of one Heppenstall, and the evidence shows that Pearson was not in…
2Cases cited3 opinions
- Savery v. BusickSupreme Court of Iowa · 1861
- Farley, Norris & Co. v. BuddSupreme Court of Iowa · 1862
- Musser v. MaynardSupreme Court of Iowa · 1880
3Cited by3 opinions
- Heiman v. FelderSupreme Court of Iowa · 1916
- State v. MooreSupreme Court of Iowa · 1891
- Hamill v. Joseph Schlitz Brewing Co.Supreme Court of Iowa · 1908