Haight v. Kimbark
Supreme Court of Iowa
Appeal from Harrison,District Court. This action was brought upon a bond given by the defendants to indemnify one H. Mann, a constable, for hólding and selling two mules upon an execution against one P. D. Mickel.
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Appeal from Harrison,District Court. This action was brought upon a bond given by the defendants to indemnify one H. Mann, a constable, for hólding and selling two mules upon an execution against one P. D. Mickel. It is averred that said mules were in the possession of the plaintiff when they were levied upon, and that plaintiff served upon said Mann a notice that said property was owned by him, and held for the payment of two hundred and fifty dollars due him from said Mickel, whereupon said indemnifying bond was given by the defendants; that said mules were sold by said constable to satisfy…
1Opinion of the CourtBothrock, J.
*14i. evidence: export: value: *13— There are several errors assigned which we *14think are not well taken, and we need not discuss them, They are fairly met and answered in the argument for appellee. But there is one assignment of error upon which the judgment must be reversed, and to that we will direct our attention. The value of the mules was a material question in the case. To prove the value the plaintiff called P. D. Mickel, L. R. Riley and Isaac Smith as witnesses. Mickel testified as follows : “I consider the mules worth two hundred or two hundred and twenty-five dollars. The mules were never…
2Cases cited3 opinions
- Bedell v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Anson v. DwightSupreme Court of Iowa · 1865
- Le Roy v. . the Market Fire Ins. Co.New York Court of Appeals · 1868
3Cited by6 opinions
- Croft v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- White v. SmithSupreme Court of Iowa · 1880
- Oregon Pottery Co. v. KernOregon Supreme Court · 1897
- Ruckman v. Imbler Lumber Co.Oregon Supreme Court · 1902
- Reed v. DraisCalifornia Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.