Tyler v. Coulthard
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. A. Van Wagenen, Judge. This is an action for the recovery of certain personal property, or for the value thereof, and for damages for the alleged wrongful and illegal seizure of Ithe same by the defendant sheriff, upon certain executions against the plaintiff. The ground of the action is that the property was exempt from execution. There was a trial by jury, which, resulted in a verdict for the plaintiff.
Read the full summary
Appeal from Harrison District Court. — Hon. A. Van Wagenen, Judge. This is an action for the recovery of certain personal property, or for the value thereof, and for damages for the alleged wrongful and illegal seizure of Ithe same by the defendant sheriff, upon certain executions against the plaintiff. The ground of the action is that the property was exempt from execution. There was a trial by jury, which, resulted in a verdict for the plaintiff. A motion for a new trial and in arrest of judgment was sustained, and the petition of the plaintiff was' dismissed. The plaintiff appeals.—
1Opinion of the CourtKothrock, J.
1 The order sustaining the motion in arrest and for a new trial is as follows: “It is hereby ordered that the motion in arrest and for new trial be sustained; and this disposing of the whole matter in controversy, for the reason - that the court finds that the property is not exempt, as claimed by the plaintiff, the petition of the plaintiff is hereby dismissed.” It will be observed that the order of the court disposed of the case, and that the important question to be determined upon this appeal is whether, as matter of law, the property, was liable to execution for the debts of the…
2Cases cited5 opinions
- Standish v. DowSupreme Court of Iowa · 1866
- Jenkins v. ShieldsSupreme Court of Iowa · 1873
- Wing v. District Township of Red OakSupreme Court of Iowa · 1891
- Norton v. KnappSupreme Court of Iowa · 1884
- Kissinger v. City of Council BluffsSupreme Court of Iowa · 1887
3Cited by2 opinions
- Roberts v. ParkerSupreme Court of Iowa · 1902
- Dunbar v. Spratt-Snyder Co.Supreme Court of Iowa · 1929