Pellersells v. Allen
Supreme Court of Iowa
Appeal from Sao District Cowrt. Action to recover specific personal property. The alleged ground of detention was that one of the defendants had levied upon and taken the property into his possession under and by virtue of an execution against the plaintiff, who claimed the property was exempt from execution. Trial by jury. Verdict and judgment for plaintiff, and defendants appeal.
1Opinion of the CourtSeevees, J.
1. judgment: supersedeas ¡ replevin. ' I. The defendant Allen commenced an action before a justice of the peace against the plaintiff, in which an attachment was suéd out and the-property in a a »/ controversy attached, on the 19th day of November, 1880. In said action the present plaintiff filed a motion under § 3018 of the Code to discharge the property because it was exempt from execution. On the 27th day of November, 1880, the main action was tried, and also said motion heard and determined. The motion was sustained and the property discharged, but the defendant Allen recovered a judgment…
2Cited by2 opinions
- Cox v. AllenSupreme Court of Iowa · 1894
- Thomas v. NicklasSupreme Court of Iowa · 1882