Bitzer v. Washburn
Supreme Court of Iowa
Appeal from Musoatine District Court. —Hon. P. B. Wolee, Judge. According to the petition a judgment had been entered against Louisa A. Washburn in 1887. Execution issued thereon September. 27, 1898, and was levied on a house and lot in Muscatine owned by her. Sarah E. Lohr was served with notice of garnishment on the same day, and made answer to the officer serving the notice.
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Appeal from Musoatine District Court. —Hon. P. B. Wolee, Judge. According to the petition a judgment had been entered against Louisa A. Washburn in 1887. Execution issued thereon September. 27, 1898, and was levied on a house and lot in Muscatine owned by her. Sarah E. Lohr was served with notice of garnishment on the same day, and made answer to the officer serving the notice. Later the realty was advertised, and bid in at the sheriff’s sale, occurring October 29th of the same year, by the plaintiff, then owner of the judgment, for . the full amount due thereon, with costs. Thereupon Mrs.…
1Opinion of the CourtLadd, J.
i. judgments: todeSjap7 proof. The vice running through appellant’s argument is the assumption that defendants owed plaintiff the duty of aiding him in the enforcement of his judgment, They were under no such obligation, but had the right to resist its collection in every proper and legitimate way. The mere allegation that the defendants conspired or confederated together is of no consequence, unless it farther appears that they so did to do an unlawful act, or a lawful act in an unlawful manner. McHenry v. Sneer, 56 Iowa, 652; Kelly v. Ry., 93 Iowa, 436. And to maintain a civil action for…
2Cases cited11 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- Findlay v. McAllisterSupreme Court of the United States · 1885
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Beechley v. MulvilleSupreme Court of Iowa · 1897
- De Wulf v. DixSupreme Court of Iowa · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dickson v. YoungSupreme Court of Iowa · 1926
- Mowry v. ReinkingSupreme Court of Iowa · 1927
- Lambert v. Reisman Co.Supreme Court of Iowa · 1929
- Dando and Galetti v. SharpMissouri Court of Appeals · 1941
- Hall v. SwansonSupreme Court of Iowa · 1926
2 more not listed; retrieve them via the Exa API.