Charles v. Haskins
Supreme Court of Iowa
Appeal from Woodbury District Court. The defendant, J. C. Haskins, as the sheriff of Woodbury County, had placed in his hands for service a .writ of attachment against the property of Heinman & Gambert, and in executing the same seized and levied upon the property of one Isaac Hattenbaeh. For this wrongful seizure and levy Ilattenbach recovered judgment against Haskins alone, which judgment was assigned to plaintiff.
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Appeal from Woodbury District Court. The defendant, J. C. Haskins, as the sheriff of Woodbury County, had placed in his hands for service a .writ of attachment against the property of Heinman & Gambert, and in executing the same seized and levied upon the property of one Isaac Hattenbaeh. For this wrongful seizure and levy Ilattenbach recovered judgment against Haskins alone, which judgment was assigned to plaintiff. An execution issued thereon and upon a return of nidia bona plaintiff brought this action against Haskins and his sureties upon his official bond, to recover the amount of the…
1Opinion of the Court
Baldwin J.
The first position assumed by appellees is, that the right of Hattenbach to recover' of the sureties of Haskins, being in the nature of a tort, is not assignable.
The tort, in this case, was merged in the judgment, prior to the assignment. A judgment is assignable and the assignee thereof may sue thereon in his own name. Edwards v. Montgomery, 1 Iowa 143; Weave v. The City of Davenport, ante.
The next question presented for our consideration is, whether the judgment against Haskins is a bar to the right of plaintiff- to. recover, as against the sureties, upon the official bond. The…
2Cases cited1 opinion
- Edmonds v. MontgomerySupreme Court of Iowa · 1855
3Cited by21 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- Pursley v. HayesSupreme Court of Iowa · 1867
- Adams v. White Bus LineCalifornia Supreme Court · 1921
- Carnegie, Phipps & Co. v. HulbertCourt of Appeals for the Eighth Circuit · 1895
- American Guaranty Co. v. McNieceOhio Supreme Court · 1924
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