Legal Opinion

Craig v. Fowler

Supreme Court of Iowa

Decided July 13, 1882PublishedCited by 6 opinions

Appeal from Greene Circuit Court. Action to recover the value of a stock of drugs, medicines, and other merchandise, seized and sold' by defendant, who was the sheriff of the county, on certain executions issued upon judgment against John Craig, and J. R. Craig, plaintiffs, husband and son. There was a judgment upon a verdict for plaintiff. Defendant appeals.

1Opinion of the CourtBeck, J.

i constituSfsoáT tionai. I. The defendant alleges that after the levy of the executions and upon receiving a notice from plaintiff fhat she was the owner of the property seized, an indemnifying bond was executed by the plaintíüs in execution, m pursuance oi ins demand therefor, which was by defendant returned to the District Court of the county wherein the levy was made. The part of the answer containing these allegations was stricken out on the ground that it set up no defense to the action. This ruling is the first ground of complaint oh the part of defendant.

Code, section 3058, provides…

2Cases cited3 opinions

  1. Jones v. HetheringtonSupreme Court of Iowa · 1877
  2. Foule v. MannSupreme Court of Iowa · 1881
  3. McNorton v. AkersSupreme Court of Iowa · 1868

3Cited by6 opinions

  1. Bradley v. MillerSupreme Court of Iowa · 1896
  2. Thomas v. McDonaldSupreme Court of Iowa · 1897
  3. Sunberg v. BabcockSupreme Court of Iowa · 1883
  4. McCreary v. SkinnerSupreme Court of Iowa · 1891
  5. Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885

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