Skiff v. Cross
Supreme Court of Iowa
Appeal from Jasper District Court. Sureties : when they may join : - when judgment CREDITOR MUST ACCOUNT FOR MONEY IMPROPERLY RECEIVED. —The plaintiffs are the sureties in the official bond of one Hull, former sheriff of Jasper county. The questions made on this appeal arise on demurrer to the petition.
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Appeal from Jasper District Court. Sureties : when they may join : - when judgment CREDITOR MUST ACCOUNT FOR MONEY IMPROPERLY RECEIVED. —The plaintiffs are the sureties in the official bond of one Hull, former sheriff of Jasper county. The questions made on this appeal arise on demurrer to the petition. The petition alleges, in substance, the following facts: That in March,, 1859, the present defendant (Cross) recovered judgment, in the Jasper county District Court, against one John, W. Hosier for $3,000. Execution was issued thereon and delivered to one Hull, as sheriff, for service. Hull…
1Opinion of the CourtDillon, J.
i. sminnss: S-Spe?fyreceived I. The name of the payee of the county orders, levied upon by the sheriff, in whose possession it was found, what notice, if any, the defendant or sheriff had of the rights of Daniel Mosier ' thereto are not stated. (Upon this point see Allison & Crane v. King, ante, and authorities there •cited and statutory provisions there referred to.)
*461As to the legal nature of county orders see Clark v. Des Moines (19 Iowa, 199), and Clark v. Polk County (Id., 248).
If the property in the order was really in Daniel Mosier, and if it was not for any reason subject to be levied…
2Cases cited4 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Vannice v. BergenSupreme Court of Iowa · 1864
- Charles v. HoskinsSupreme Court of Iowa · 1863
- County of Polk ex rel. School Fund v. SypherSupreme Court of Iowa · 1864
3Cited by8 opinions
- Blodgett v. HittWisconsin Supreme Court · 1871
- National Surety Co. v. State Savings BankCourt of Appeals for the Eighth Circuit · 1907
- Richman v. Board of SupervisorsSupreme Court of Iowa · 1885
- Graves v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
- Miller v. Hawkeye Gold Dredging Co.Supreme Court of Iowa · 1912
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