Crosby v. Hungerford
Supreme Court of Iowa
Appeal from Sioux District Gourt. Action upon a sheriff’s bond. The defendants are sureties upon the bond. The principal, one Innis, is dead. The plaintiff obtained a judgment against one Yan Sickle and caused execution to be issued and placed in the hands of Innis, who was sheriff of Plymouth county. No levy was made by Innis, and the plaintiff avers that he was guilty of negligence in not making a levy. The defendants deny that he was guilty of negligence.
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Appeal from Sioux District Gourt. Action upon a sheriff’s bond. The defendants are sureties upon the bond. The principal, one Innis, is dead. The plaintiff obtained a judgment against one Yan Sickle and caused execution to be issued and placed in the hands of Innis, who was sheriff of Plymouth county. No levy was made by Innis, and the plaintiff avers that he was guilty of negligence in not making a levy. The defendants deny that he was guilty of negligence. There was a trial to the jury and verdict and judgment rendered for the defendants. The plaintiff appeals.
1Opinion of the CourtAdams, J.
i. pleadingíegatiousVal" necessary-0* I. The defendants in their answer admitted that Yan Sickle, the execution debtor, had certain personal pi’opertyinhis possession but averred that he did D°t own same- They described the property, showing it to consist of agricultural implements, and they set out the name of the owner of each implement. The court instructed the jury that, if the evidence showed that the property belonged to some one other than Yan Sickle, the defendants were not liable for Innis’ omission to levy on the same. The plaintiff contends that the court misconceived and misstated…
2Cases cited3 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Elmore v. HillWisconsin Supreme Court · 1881
- Evans v. ThurstonSupreme Court of Iowa · 1880
3Cited by7 opinions
- Barnes v. Town of MarcusSupreme Court of Iowa · 1896
- Wilson v. Wapello CountySupreme Court of Iowa · 1905
- Gilbert v. GallupAppellate Court of Illinois · 1898
- Humbert v. LarsonSupreme Court of Iowa · 1893
- Quinn v. Polk CountyCourt of Appeals for the Eighth Circuit · 1988
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