Paris v. Sheppard
Supreme Court of Iowa
Appeal from Davis District Court. — Hon. M. A. Roberts, Judge. Suit at law to recover the value of a stock of merchandise. Mrs. S. E. Easton was at one time the owner of the stock, and sold it to the plaintiff herein. After the sale and delivery thereof to the plaintiff, one of Mrs. Easton’s creditors caused the stock to be levied upon in an attachment suit against her, and the defendant took possession of the property by virtue of the levy.
Read the full summary
Appeal from Davis District Court. — Hon. M. A. Roberts, Judge. Suit at law to recover the value of a stock of merchandise. Mrs. S. E. Easton was at one time the owner of the stock, and sold it to the plaintiff herein. After the sale and delivery thereof to the plaintiff, one of Mrs. Easton’s creditors caused the stock to be levied upon in an attachment suit against her, and the defendant took possession of the property by virtue of the levy. Afterwards the attaching creditor, proceeding under chapter 101 of the Laws of the Twenty-Seventh General Assembly, caused the attached property to be…
1Opinion of the CourtSherwin, J.
The important question in this case is whether, the plaintiff is- estopped from maintaining this action for the value of the stock of goods. It is contended by the appellant that when he intervened in the attachment suit he elected to pursue one of two or more inconsistent remedies, and that he is now bound by such election, and can recover nothing herein. The question is an important one, and involves a construction, of section 3928 of the Code, which is as follows:
Any person other than the defendant may, before the sale of any attached property, or before the payment to the plaintiff of the…
2Cases cited7 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Thompson v. HowardMichigan Supreme Court · 1875
- Town of Hartland v. HackettSupreme Court of Vermont · 1884
- Sperry v. EthridgeSupreme Court of Iowa · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Morris v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Penn v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- Hood v. HoodSupreme Court of Georgia · 1908
- Levy v. Territory of ArizonaArizona Supreme Court · 1911