Cresswell v. Burt
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. This is an action to recover the value of personal property levied upon by the defendant, Barton, as constable, under an execution in favor of John Burt against the plaintiff. The petition alleges that plaintiff paid off the execution and demanded a surrender of the property levied upon, and that defendant has not surrendered said property.
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Appeal from Mahaska Circuit Court. This is an action to recover the value of personal property levied upon by the defendant, Barton, as constable, under an execution in favor of John Burt against the plaintiff. The petition alleges that plaintiff paid off the execution and demanded a surrender of the property levied upon, and that defendant has not surrendered said property. The defendants, for answer, allege that the constable took ordinary care of the property, and it was lost or stolen through no neglect of the defendants. The cause was tried to the court, and judgment was rendered for the…
1Opinion of the Court
Day, Ch. J.
— The amount in controversy being less than $100, the court certified the question upon which the opinion of this court is desired, as follows: “The property lost was in the possession of defendant, Barton, as constable. If ordinary care only is required of said officer in keeping the property attached, then the plaintiff is not entitled to recover, but if a higher degree of care than mere ordinary care is required in the control and keeping of attached property, then the plaintiff is entitled to recover of the defendants the amount of $40 and costs.”
Although the above certificate…
2Cases cited6 opinions
- Briggs v. TaylorSupreme Court of Vermont · 1855
- Bridges v. PerrySupreme Court of Vermont · 1842
- Stewart v. NunemakerIndiana Supreme Court · 1850
- Parrott v. DearbornMassachusetts Supreme Judicial Court · 1870
- Gilmore v. MooreSupreme Court of Georgia · 1860
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