State ex rel. Whitcomb v. Seaton
Supreme Court of Iowa
Appeal from a decision of Justice JRothrock, at Chambers. Mr. Justice Roti-irock, of this court, issued a writ of habeas corpus directed to the defendant, the sheriff of Linn county, who, it is alleged in the petition, illegally restrained the petitioner of his liberty in the jail of the county. Upon the return of the writ, the proceedings were dismissed, and the petitioner was remanded to the custody of the defendant. The petitioner appeals.
Read the full summary
Appeal from a decision of Justice JRothrock, at Chambers. Mr. Justice Roti-irock, of this court, issued a writ of habeas corpus directed to the defendant, the sheriff of Linn county, who, it is alleged in the petition, illegally restrained the petitioner of his liberty in the jail of the county. Upon the return of the writ, the proceedings were dismissed, and the petitioner was remanded to the custody of the defendant. The petitioner appeals. The facts of the case are stated in the opinion.
1Opinion of the CourtAdams, J.
— The record discloses the following facts: The relator, C. II. Whitcomb, brought an action in replevin in the district court of Linn county, against Gray & Beebe, to recover certain property levied upon by the sheriff of Linn county, under an execution issued upon a judgment in favor of Gray & Beebe, and against one Jaquith. It appears that the issues in that case involved the question of the ownership of the property, the question being as to whether it belonged to the relator in this case, or to Jaquith. While the action of replevin was pending, the defendants therein, Gray & Beebe, filed…
2Cases cited1 opinion
- Robb v. McDonaldSupreme Court of Iowa · 1870
3Cited by3 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Miskimmins v. ShaverWyoming Supreme Court · 1899
- Dudley v. McCordSupreme Court of Iowa · 1885