Gray v. Parker
Supreme Court of Iowa
Appeal from Polh Ovreuit Court. This action ivas brought in the Circuit Court to recover against the defendant Parker, as constable, for damages allegecl to have been sustained by the plaintiff by reason of a sale upon execution in favor of one Wilson & McDill and against O. J. and M. F. G. Pitman, of a certain bandwagon alleged to have been the property of plaintiff.
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Appeal from Polh Ovreuit Court. This action ivas brought in the Circuit Court to recover against the defendant Parker, as constable, for damages allegecl to have been sustained by the plaintiff by reason of a sale upon execution in favor of one Wilson & McDill and against O. J. and M. F. G. Pitman, of a certain bandwagon alleged to have been the property of plaintiff. Previous to the bringing of this action an action in replevin was brought by plaintiff against the defendant Parker before a justice of the jieace to recover possession of the wagon. The possession of the wagon was not obtained,…
1Opinion of the Court
Adams, On. J.
i execunotice1 to oíacer‘ The plaintiff averred in his amended petition that at the time the defendant Parker was about to levy upon the wagon, and before the levy was made, he served upon him a written notice of his ownership. The plaintiff then set out in his amended petition a copy of the notice, which purports to be simply a bill of sale to plaintiff from M. F. G. Pitman of the wagon. The defendants demurred upon the ground that the writing relied upon as notice was not such as the law requires.
The plaintiff says in his argument that the amended petition containing the…
2Cited by3 opinions
- Donnelly v. MitchellSupreme Court of Iowa · 1903
- Frazier v. HillSupreme Court of Iowa · 1904
- Danforth v. HarlowSupreme Court of Iowa · 1888