Legal Opinion

Charles v. Hoskins

Supreme Court of Iowa

Decided April 7, 1863PublishedCited by 17 opinions

Appeal from Woodbury District Court. Hattenback recovered a judgment against Hoskins, as sheriff of Woodbury county, for the wrongful act of said sheriff, in levying an execution on the property of plaintiff to satisfy the debt of Heinaman & Gambert. This judgment remaining unsatisfied, Charles, who holds by assignment, brings this action upon the official bond of said Hos-kins, against the principal and his sureties.

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Appeal from Woodbury District Court. Hattenback recovered a judgment against Hoskins, as sheriff of Woodbury county, for the wrongful act of said sheriff, in levying an execution on the property of plaintiff to satisfy the debt of Heinaman & Gambert. This judgment remaining unsatisfied, Charles, who holds by assignment, brings this action upon the official bond of said Hos-kins, against the principal and his sureties. The defendants filed separate pleas, to which there were demurrers. These were overruled, judgment thereupon rendered for defendant, and plaintiff appeals.

1Opinion of the CourtWright, J.

A new trial has been granted in the original case of Hattenback v. Hoskins, ante, and it seems almost, if not quite, unnecessary, therefore, to pass upon the questions made in this. As counsel have presented this cause, however, we shall dispose of one, and that the leading and controlling point in it.

The sureties, without alleging fraud or collusion, by their third plea seek to go back of the judgment against the principal, and to show that his act in levying upon the property referred to by plaintiff was not wrongful; for that at the time of the levy, said property belonged to the…

2Cases cited3 opinions

  1. Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
  2. McLaughlin v. Bank of PotomacSupreme Court of the United States · 1849
  3. Bergen v. WilliamsU.S. Circuit Court for the District of Michigan · 1846

3Cited by17 opinions

  1. Boone County v. JonesSupreme Court of Iowa · 1880
  2. Lieberman v. First National BankSupreme Court of Delaware · 1900
  3. Bradford v. McCormickSupreme Court of Iowa · 1887
  4. McConnell v. PoorSupreme Court of Iowa · 1901
  5. Price v. CarltonSupreme Court of Georgia · 1904

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