Dean v. Goddard
Supreme Court of Iowa
Appeal from Bremer District Court This is an action against Goddard and his sureties, upon his official bond as constable.
Read the full summary
Appeal from Bremer District Court This is an action against Goddard and his sureties, upon his official bond as constable. It is alleged that Potter, Hitchcock & Co., recovered a judgment against plaintiff, before Matthews, a justice of the peace; that an execution was issued by Tyrrell, the successor of said Matthews, which was placed in the hands of said Goddard, and by him levied upon a mare, the property of said plaintiff; that the constable abused said property, and neglected to .take the proper care of her, whereby she died, &c. An answer was filed, admitting the judgment, execution and…
1Opinion of the CourtWright, J.
The writ was held void, for the reason that it did not “ show that it was issued upon a judgment rendered by an officer.” And this ruling we think was erroneous. The failure to attach the words 11Justice of the Peace, ” or the letters “ J. P.” to the name of the person rendering the judgment, would not have the effect of "rendering the writ absolutely void in the hands of the constable, so as to *295enable him to protect himself for his improper or negligent treatment of property seized or levied upon by virtue thereof. The defendant in the execution might claim that it was irregular and…
2Cases cited1 opinion
- Elliot v. Cronk'sNew York Supreme Court · 1834
3Cited by8 opinions
- Cooley v. BraytonSupreme Court of Iowa · 1864
- Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
- Brooks v. O'Hara Bros.United States Circuit Court · 1881
- Cunningham v. FelkerSupreme Court of Iowa · 1868
- Canal Construction Co. v. Woodbury CountySupreme Court of Iowa · 1909
3 more not listed; retrieve them via the Exa API.