Malvin v. Christoph
Supreme Court of Iowa
Appeal from, Dubuque Cwcuit Court. Action of replevin to recover a horse, which it is alleged the sheriff of Dubuque county attached as the property of P. S. Malvin, at the suit of the defendant Christoph. Tho action was originally brought against the sheriff, and Christoph, the party in interest, was substituted as defendant, by .order of the court.
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Appeal from, Dubuque Cwcuit Court. Action of replevin to recover a horse, which it is alleged the sheriff of Dubuque county attached as the property of P. S. Malvin, at the suit of the defendant Christoph. Tho action was originally brought against the sheriff, and Christoph, the party in interest, was substituted as defendant, by .order of the court. The plaintiff is the wife of said P. S. Malvin, and claims that her said husband had absconded and left his family, leaving said horse in possession of the plaintiff; and that no other .horse was in her possession nor owned by her, at the time he…
1Opinion of the CourtUothrock, J.
1. EXBMPtion : abertv°in:¿aucís o£ ivite. I. By § 3072 of the Code, if a debtor is .a resident of this State and the. head of a family, he may hold one horse exempt from execution. Section 3078 provides that “ when a débtor absconds and leaves family, such property shall be exempt in the hands of the wife and children, or either of them.” The evidence in the case tends to show that P. S. Malvin, the plaintiff’s husband, was largely indebted, and that about the 9 th of February, 1878, he left his family and went out of the State, and has not returned. All of his property was seized by his…
2Cited by7 opinions
- People v. LitteralMichigan Court of Appeals · 1977
- Wife v. HusbandCourt of Chancery of Delaware · 1970
- Keck v. PickensSupreme Court of Arkansas · 1944
- Waugh v. BridgefordSupreme Court of Iowa · 1886
- Brayman v. BraymanSupreme Court of Iowa · 1933
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