Maynes v. Brockway
Supreme Court of Iowa
Appeal from Montgomery District Court. Action to recover specific personal property. The defendant recovered a judgment against W. H. Hills et al., and it was claimed by the defendant that the plaintiff Maynes executed a bond staying execution on said judgment. An execution was issued after the expiration of the time execution was stayed, and property belonging to the plaintiff levied on and taken into his possession by the sheriff.
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Appeal from Montgomery District Court. Action to recover specific personal property. The defendant recovered a judgment against W. H. Hills et al., and it was claimed by the defendant that the plaintiff Maynes executed a bond staying execution on said judgment. An execution was issued after the expiration of the time execution was stayed, and property belonging to the plaintiff levied on and taken into his possession by the sheriff. This action is brought to recover said property. The execution plaintiff was substituted or made defendant in place of the sheriff. Judgment was rendered for the…
1Opinion of the CourtSeevers, J.
The judgment against Hills et al. was rendered in the District Court on the 18th day of March, 1876. What purported to be a bond staying execution on said judgment was executed by the plaintiff, as' appeared on the face of the bond on file and of record, on the first day of August, 1876. The clerk at that time entéred thereon, or at least the bond so showed: “ The above bond and security approved by me at the requpst of the plaintiff.” The bond was not recorded until January or February, 1877, at which time the proper entry was made in the judgment docket.
The plaintiff offered to prove —…
2Cases cited5 opinions
- Partridge v. HarrowSupreme Court of Iowa · 1869
- Wasson v. MitchellSupreme Court of Iowa · 1864
- Farley, Norris & Co. v. BuddSupreme Court of Iowa · 1862
- Hubbard v. SwitzerSupreme Court of Iowa · 1878
- Waldron Bros. v. DickersonSupreme Court of Iowa · 1879
3Cited by8 opinions
- State v. Morgan.Supreme Court of North Carolina · 1904
- In Re TuckerCourt of Criminal Appeals of Oklahoma · 1910
- Cornelson v. StateCourt of Criminal Appeals of Oklahoma · 1926
- Hinton v. StauntonMontana Supreme Court · 1951
- Manion v. BradySupreme Court of Iowa · 1912
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