Farner v. Turner
Supreme Court of Iowa
Appeal from the Lee District GourL This was an action of Replevin brought by the plaintiff to recover- a certain two horse buggy from tbe defendant,, wbo, as sheriff of Lee county, had taken possession of the same, by virtue of an execution in favor of the Queen City Varnish Company, on a judgment against the firm of-’W., H. Earner & Co.,, of which the plaintiff had been a member..
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Appeal from the Lee District GourL This was an action of Replevin brought by the plaintiff to recover- a certain two horse buggy from tbe defendant,, wbo, as sheriff of Lee county, had taken possession of the same, by virtue of an execution in favor of the Queen City Varnish Company, on a judgment against the firm of-’W., H. Earner & Co.,, of which the plaintiff had been a member.. The plaintiff claimed tbe buggy as his private property,, and exempt from execution, as well on account of its being individual property,, as tbat be was a practicing physician, and was in the habit of using it,…
1Opinion of the CourtIsbell, J.
Tbe terms attachment and execution, appear to be used by tbe plaintiff in bis pleadings and bill of exceptions, indiscriminately; and we infer that, probably, there was an attachment originally levied on tbe property, to wbicb tbe execution, under wbicb tbe sheriff justifies, sue-» ceeded.
Tbe first question that presents itself for our consideration, is, did tbe court act witbin tbe limits of a sound discretion, in refusing to allow tbe entry in tbe book of W. H. Earner & Co., to be read to tbe jury ?
It is not claimed, that tbe requisite proof was adduced to bring tbis entry witbin any of the…
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- Queen v. HepburnSupreme Court of the United States · 1813
- Davis v. WoodSupreme Court of the United States · 1816
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