Garretson v. Reeder
Supreme Court of Iowa
Appeal from Henry District Court. Delivery bonds : when binding as common law obligations, etc.- — The present action is upon the following bond: “Know all men, etc., that we Jacob Reeder, as principal, and Joseph Reeder and Hiram Jones, as sureties, are held and firmly bound unto W. T. Spearman,-¡in the sum of $800, for the payment of which, etc.; whereas, said Spearman, as sheriff of Henry county, by virtue of a certain attachment, issued by the clerk of the District Court…
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Appeal from Henry District Court. Delivery bonds : when binding as common law obligations, etc.- — The present action is upon the following bond: “Know all men, etc., that we Jacob Reeder, as principal, and Joseph Reeder and Hiram Jones, as sureties, are held and firmly bound unto W. T. Spearman,-¡in the sum of $800, for the payment of which, etc.; whereas, said Spearman, as sheriff of Henry county, by virtue of a certain attachment, issued by the clerk of the District Court of Henry county, Iowa, against the said Jacob Reeder, in favor of John G. Garretson, for the sum of $400, and costs,…
1Opinion of the CourtDillon, J.
*24bond: Rona. *23I. The instruction of the court is sought to be sustained upon the ground of the alleged defective *24insufficient character of the bond in suit. That it is not in the form provided by the statute, is obvious. But, if it be conceded that the departures are so great as to destroy its force as a statutory bond, still it might be valid as a common law obligation. If thus valid, and there had been a breach of its conditions, the obligors therein would be liable. Why not valid as a common law obligation ? The sheriff had lawful, possession of property upon which the plaintiff had a valid…
2Cases cited4 opinions
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Kingsbury v. BuchananSupreme Court of Iowa · 1860
- W. H. Austin & Co. v. BurgettSupreme Court of Iowa · 1860
- Waynant v. DodsonSupreme Court of Iowa · 1861
3Cited by16 opinions
- United States Fidelity & Guaranty Co. v. Iowa Telephone Co.Supreme Court of Iowa · 1916
- Abbott v. WilliamsSupreme Court of Colorado · 1890
- Johnson v. WeatherwaxSupreme Court of Kansas · 1872
- Leach v. Stockport Savings BankSupreme Court of Iowa · 1929
- Lightle v. BerningNevada Supreme Court · 1880
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