Evans v. St. Paul Harvester Works
Supreme Court of Iowa
Appeal from Howard District Oourt. Action upon an indemnifying bond. The defendant,'the St. Paul Harvester Works, obtainécl judgment against tbe plaintiff, and caused an execution to be issued and placed in the hands of the defendant, Farnsworth, as sheriff of Howard county, and at the same time gave him an indemnifying bond. Farnsworth levied upon a horse, mule and cow, and a lumber wagon.
Read the full summary
Appeal from Howard District Oourt. Action upon an indemnifying bond. The defendant,'the St. Paul Harvester Works, obtainécl judgment against tbe plaintiff, and caused an execution to be issued and placed in the hands of the defendant, Farnsworth, as sheriff of Howard county, and at the same time gave him an indemnifying bond. Farnsworth levied upon a horse, mule and cow, and a lumber wagon. The plaintiff lias brought this action upon the bond, claiming that the property levied upon was exempt from execution. The defendants for answer averred that the plaintiff had started to leave the state,…
1Opinion of the CourtAdams, J.
1. Practice: judgment on special verdict : facts not warranting: court not bound by instructions. The jury found specially that at the time of the levy there was an unsatisfied mortgage upon the property, executed by the plaintiff to one Timothy Jenkins. lhe existence oi this mortgage was deemed the cotll't sufficient to preclude a right of recovery on the part of the plaintiff. It.had given the jury an instruction in these words: “ If you find from the evidence that at the time of the levy there was in existence an unsatisfied mortgage on the property, made by the plaintiff to one Timothy…
2Cases cited1 opinion
- Holden v. CoxSupreme Court of Iowa · 1883
3Cited by11 opinions
- Connell v. Keokuk Electric Railway & Power Co.Supreme Court of Iowa · 1906
- Reynolds v. HainesSupreme Court of Iowa · 1891
- Caligiuri Ex Rel. Caligiuri v. Des Moines Railway Co.Supreme Court of Iowa · 1939
- Thompson-Ritchie & Co. v. GravesSupreme Court of Louisiana · 1929
- Grover v. YounieSupreme Court of Iowa · 1900
6 more not listed; retrieve them via the Exa API.