Atwood v. Brown
Supreme Court of Iowa
Appeal from Monroe Circuit Coiort. This is an action upon the official bond of T. B. Brown, sheriff of l^onroe county, for damages alleged to have been sustained by plaintiff by reason of the wrongful levy of an execution upon a stock of merchandise. There was a trial by jury. When the evidence for the plaintiff had been introduced, the defendants moved the court to take the case from, the jury, and render judgment for the defendants. The motion was sustained.
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Appeal from Monroe Circuit Coiort. This is an action upon the official bond of T. B. Brown, sheriff of l^onroe county, for damages alleged to have been sustained by plaintiff by reason of the wrongful levy of an execution upon a stock of merchandise. There was a trial by jury. When the evidence for the plaintiff had been introduced, the defendants moved the court to take the case from, the jury, and render judgment for the defendants. The motion was sustained. Plaintiff appeals.
1Opinion of the CourtRothrock, J.
It appears from the record that one Gar-retson was engaged in the mercantile business at Knoxville, and that he was indebted to Schweitzer, Beer & Oo. upon a judgment, upon which an execution was issued and placed in the hands of the defendant Brown, as sheriff. A levy was made on Garretson’s stock of goods. The plaintiff herein claims to be the owner of the goods, by virtue of bills of sale and chattel mortgages, and the sheriff took an indemnifying bond from Schweitzer, Beer & Co., in the sum of SI,000, for the benefit of the plaintiff. The sheriff sold the whole stock of goods, excepting…
2Cases cited1 opinion
- Turner v. HitchcockSupreme Court of Iowa · 1866
3Cited by4 opinions
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- Bradley v. MillerSupreme Court of Iowa · 1896
- Hutchinson v. TreloarSupreme Court of Iowa · 1940
- Mitchell v. McLeodSupreme Court of Iowa · 1905