Allen v. Wheeler
Supreme Court of Iowa
Appeal from Clinton Circuit Court. The defendant George L. Wheeler, as constable, levied certain writs of attachment upon a span of mules, and a wagon and harness, at the suit of the defendants Hey and Butterfield against one Walters. The said property was held by said Wheeler upon said writs until June 1, 1878, at which time the attachment suits were tried and judgments were rendered for the plaintiffs and against said Walters.
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Appeal from Clinton Circuit Court. The defendant George L. Wheeler, as constable, levied certain writs of attachment upon a span of mules, and a wagon and harness, at the suit of the defendants Hey and Butterfield against one Walters. The said property was held by said Wheeler upon said writs until June 1, 1878, at which time the attachment suits were tried and judgments were rendered for the plaintiffs and against said Walters. Executions were issued upon said judgments and placed in the hands of said Wheeler, who levied the same upon said property, and under said executions sold the same to…
1Opinion of the CourtRothrook, J.
1. execution: toprop«:ftrm attachment, I. The court, at the request- of the defendants, instructed the jury as follows: “You are instructed that unless it is shown by the evidence that plain-j : ' ^ ^en> ^ himself, his agent or attorney, before gu^ was commenced, served or caused to be served upon the defendant Wheeler, as constable, notice in writing that the said Allen owned said property, the plaintiff cannot recover, and your verdict should be for the defendants.” There was no evidence tending to show that any written notice whatever had been served, but'on the contrary the evidence…
2Cases cited3 opinions
- Kaster v. PeaseSupreme Court of Iowa · 1876
- Wyllis v. HaunSupreme Court of Iowa · 1878
- Wadsworth & Co. v. WallikerSupreme Court of Iowa · 1877
3Cited by13 opinions
- De Vall v. De VallOregon Supreme Court · 1911
- Hensley v. Davidson Bros.Supreme Court of Iowa · 1907
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Bank of Willmar v. LawlerSupreme Court of Minnesota · 1899
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