Reifsnyder v. Lee
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Plaintiff brought an action by attachment against defendant, Lee, before a justice of the peace, and served process of garnishment upon Gray, who, answering, admitted that he had in his possession $68.55-100 and a watch of the value of $8, the property of defendant.
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Appeal from Wapello Circuit Court. Plaintiff brought an action by attachment against defendant, Lee, before a justice of the peace, and served process of garnishment upon Gray, who, answering, admitted that he had in his possession $68.55-100 and a watch of the value of $8, the property of defendant. Defendant confessed judgment in favor of plaintiff, and moved to discharge the garnishee on the ground that he had obtained the possession of the money and wTatch unlawfully and forcibly by the above process in his hands as an officer. The justice of the peace overruled the motion to discharge…
1Opinion of the CourtBeck, J.
The facts of the case are these: Lee stole five head of cattle and sold them to plaintiff for $162.30. ■ The owner, upon claiming the property, recovered the cattle from plaintiff, who sought to have Lee arrested for the larceny. Gray, the ganiishee, was the marshal of Ottumwa at the time and plaintiff procured him to pursue and capture the thief. Learning that he was in Des Moines, Gray wrote to the marshal of that city to arrest him and “ to take all he has from him.” The arrest was made and Lee’s person was searched. The money and watch were found upon and taken from him, and delivered to…
2Cited by33 opinions
- Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
- Davis v. United StatesSupreme Court of the United States · 1946
- State v. ClineSupreme Court of Iowa · 2000
- State of Iowa v. Justin Dean ShortSupreme Court of Iowa · 2014
- State v. HeightSupreme Court of Iowa · 1902
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