Legal Opinion

Haverly v. McClelland

Supreme Court of Iowa

Decided October 25, 1881Published

Appeal from Polk Circuit Court. Action at law to recover for negligence of defendant, who was clerk of the District Court, in approving a stay bond. The case was tried to the court without a jury, and judgment rendered for plaintiff. Defendant appeals.

1Opinion of the CourtBeck, J.

I. The petition alleges that plaintiffs recovered in the District Court of Polk county, a judgment against J. C. Saylor for about $1,000; that defendant, as clerk of the court, approved a stay bond, whereby execution upon the judgment was stayed; that the defendant in the judgment was solvent, and the amount thereof could have been made by the sale of his property, had no stay been allowed; that the surety upon the stay bond was not the owner of sufficient property to secure the payment of the judgment as contemplated by law, and that defendant negligently approved the stay bond. It is shown…

2Cases cited1 opinion

  1. Hubbard v. SwitzerSupreme Court of Iowa · 1878

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