Freeman v. Lind
Supreme Court of Iowa
Appeal from Keoleuk Superior Oourl. — Hon. Rige H. Bell, Judge. The petition was filed December 20, 1898, and a writ of attachment issued by the clerk of the superior court, directed to “any constable in Lee county,” and delivered to Ilenry Croniele, a constable of Des Moines township, in that county, who, in virtue thereof, seized certain property of the defendant.
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Appeal from Keoleuk Superior Oourl. — Hon. Rige H. Bell, Judge. The petition was filed December 20, 1898, and a writ of attachment issued by the clerk of the superior court, directed to “any constable in Lee county,” and delivered to Ilenry Croniele, a constable of Des Moines township, in that county, who, in virtue thereof, seized certain property of the defendant. Thereafter, January 7, 1899, the defendant moved that the property be discharged from the alleged levy on the ground that a constable is not authorized to execute process issued by the superior court. The plaintiff appeals from an…
1Opinion of the CourtLadd, J.
The sole question raised on this appeal is whether a valid levy of a writ of attachment, directed by the clerk of the superior court to any constable of the county, may be made by such an officer. Section 3889 of the Code requires the writ to be directed to the sheriff, and, under section 3934, by this is meant “to constables when proceeding's are in justice court, or the like officers of any other court.” The executive officer of the superior court is the city marshal, with duties and authority corresponding with those of the sheriff in the district court, though the sheriff may servo its…
2Cases cited3 opinions
- Currens v. RatcliffeSupreme Court of Iowa · 1859
- Empire Mill Co. v. LovellSupreme Court of Iowa · 1889
- Minott v. VineyardSupreme Court of Iowa · 1860
3Cited by39 opinions
- McAllister v. FairSupreme Court of Kansas · 1906
- Kravitz EstateSupreme Court of Pennsylvania · 1965
- Eversole v. EversoleCourt of Appeals of Kentucky · 1916
- Smith v. ToddSupreme Court of South Carolina · 1930
- Equitable Life Assur. Soc. of the United States v. WeightmanSupreme Court of Oklahoma · 1916
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