Cole v. Parker
Supreme Court of Iowa
Appeal from the Jasper District Court. Suit on a bond given by defendants to William Kromer, sheriff of Jasper county, in the penal sum of $2080,00, conditioned, “ that, whereas, the said sheriff has a writ of attachment from the office of the clerk of the district court of Jasper county,-Iowa, in a certain suit pending therein, •wherein Willis P. Cole, administrator of the estate of Samuel K. Parker, deceased, is plaintiff, and the above bounden Mary Parker, is defendant,…
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Appeal from the Jasper District Court. Suit on a bond given by defendants to William Kromer, sheriff of Jasper county, in the penal sum of $2080,00, conditioned, “ that, whereas, the said sheriff has a writ of attachment from the office of the clerk of the district court of Jasper county,-Iowa, in a certain suit pending therein, •wherein Willis P. Cole, administrator of the estate of Samuel K. Parker, deceased, is plaintiff, and the above bounden Mary Parker, is defendant, which said writ bears date April 21st, 1856, and commanded the sheriff to attach so much of the property of the said…
1Opinion of the CourtStockton, J.
A sheriff is’ to serve, or otherwise execute, according to law, and return all writs, and other legal process issued by lawful authority, and to him directed, or committed. Code, section 170. He is the officer constituted by law to execute the process of the court. It is not in his discretion whether to execute it or not. He is not allowed to provide for the plaintiff another remedy for the collection of his debt. His duty, when the process is placed in his hands, is simply to execute "it with the utmost expedition, or as soon after it is received as the nature of the case will admit. Racon’s…
2Cases cited1 opinion
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by8 opinions
- Reynolds v. Nichols & Co.Supreme Court of Iowa · 1861
- Harrington's Administrator v. CrawfordSupreme Court of Missouri · 1896
- Harrington's Administrator v. CrawfordMissouri Court of Appeals · 1895
- Whitney v. GammonSupreme Court of Iowa · 1897
- Gutschenritter v. WhitmoreSupreme Court of Iowa · 1913
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