Legal Opinion

Higgins v. Reed

Supreme Court of Iowa

Decided April 13, 1859PublishedCited by 7 opinions

Appeal from the Keohulc District Court. Plaintiff sues in trespass, for the value of a horse. Defendants admit the taking by one of them, and justify as school officers, for that the said horse was levied upon and sold, to satisfy a school-house tax assessed against said plaintiff. Replication denying the authority or power of defendants to make the seizure.

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Appeal from the Keohulc District Court. Plaintiff sues in trespass, for the value of a horse. Defendants admit the taking by one of them, and justify as school officers, for that the said horse was levied upon and sold, to satisfy a school-house tax assessed against said plaintiff. Replication denying the authority or power of defendants to make the seizure. There was a trial by the court; judgment for defendants, and plaintiff appeals.The other material facts are stated in the opinion of the court.

1Opinion of the CourtWright, C. J.

The questions made in this case, relate alone to the admission of certain testimony.

Reed was the president, and Griffen was the secretary, of school district number four, Washington township, ICeokuk county, and were elected and qualified in 1857. They claim that in October, 1855, a school-house tax was assessed in said district, upon the property therein, including that of plaintiff; and that for the purpose of collecting said tax, they levied upon and sold his horse, and that this is the trespass of which he complains.

Eor the pnrpose of proving said assessment, defendants proposed to prove…

2Cited by7 opinions

  1. Corens v. StateCourt of Appeals of Maryland · 1946
  2. Cummings v. Pennsylvania Fire InsuranceSupreme Court of Iowa · 1912
  3. Rhodus v. HeffernanSupreme Court of Florida · 1904
  4. Prouty v. TallmanSupreme Court of Iowa · 1884
  5. Kirk Oil Co. v. BristowSupreme Court of Oklahoma · 1932

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