Sunberg v. Babcock
Supreme Court of Iowa
Appeal from Jones District Court. Action of replevin to recover certain goods seized by defendant, Babcock, sheriff, by virtue of certain writs of attachment in his hands against the property of P. and N. Ohlquist. Upon the motion of the sheriff and certain of the creditors, they were substituted as defendants in the action in the place of the sheriff, and he was discharged from all liability as defendant. Erom this order plaintiff appeals.
1Opinion of the CourtBeck, J.
— I. The creditors were substituted in place of the sheriff, and he was discharged, under the. following provisions of the Code:
*6021. brplbvib-: of^iefendants ^royfcíuíg®. tutionai.' “Sec. 2572. Upon affidavit of a defendant before answer, in any action upon contract for the recovery of personal property, that some third party without collusion with him has or makes a claim to the subject of the action, or on proof thereof, as the court may direct, the court may make an order for the safe keeping, or for the payment or deposit in court or delivery of the subject of the action, to such person as…
2Cases cited2 opinions
- Foule v. MannSupreme Court of Iowa · 1881
- Craig v. FowlerSupreme Court of Iowa · 1882
3Cited by5 opinions
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- Maish v. LittletonSupreme Court of Iowa · 1883