Foule v. Mann
Supreme Court of Iowa
Appeal from Harrison District Court. Action to recover specific personal property, wbicb, it was stated in the petition, the defendant as constable, under and by vii’tue of an execution, had levied upon and taken from plaintiffs’ possession.
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Appeal from Harrison District Court. Action to recover specific personal property, wbicb, it was stated in the petition, the defendant as constable, under and by vii’tue of an execution, had levied upon and taken from plaintiffs’ possession. The answer, among other things, stated £‘ defendant states that after the levy (mentioned in plaintiffs’ petition) on the property therein mentioned by this defendant as constable, an indemnifying bond was given to him with good and sufficient sureties approved by said officer as provided by law, which bond was duly returned to the court that issued the…
1Opinion of the CourtServers, J.
1. Constitutional law: indemnifying bond: code section 3058. I. Tlie Code, section 3055, provides that an officer, if lie has received the notice therein contemplated, may refuse to levy or release the levy made unless an indemnifying bond is given him, and section 3058 is as follows: “ lhe claimant or purchaser of any property, for the seizure or sale of which an indemnifying bond has been taken and returned by the officer, shall be barred of any action against the officer levying on the property if the surety on the bond was good when it was taken. Any such claimant or purchaser may…
2Cases cited5 opinions
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- Bradley v. HollowaySupreme Court of Missouri · 1859
- Kaster v. PeaseSupreme Court of Iowa · 1876
- Finch v. HollingerSupreme Court of Iowa · 1876
- Taylor v. WimerSupreme Court of Missouri · 1860
3Cited by11 opinions
- State v. HeightSupreme Court of Iowa · 1902
- Gilchrist v. BierringSupreme Court of Iowa · 1944
- Smith v. State Board of Medical ExaminersSupreme Court of Iowa · 1908
- Hein v. . DavidsonNew York Court of Appeals · 1884
- Cory v. CooperCalifornia Court of Appeal · 1931
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