Ballinger v. Tarbell
Supreme Court of Iowa
Appeal from Lee District Gourt. Petition alleges that the sheriff of Lee county has in his hands two executions, one in favor of the plaintiff against the defendant John Tarbell, and one A. Robertson, and the other in favor of said Tarbell, and against the plaintiff, the latter of. which writs has been levied upon the plaintiff’s property by the sheriff, “who cannot find property upon which to levy the plaintiff’s execution, and 'who declines to set off the one against the…
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Appeal from Lee District Gourt. Petition alleges that the sheriff of Lee county has in his hands two executions, one in favor of the plaintiff against the defendant John Tarbell, and one A. Robertson, and the other in favor of said Tarbell, and against the plaintiff, the latter of. which writs has been levied upon the plaintiff’s property by the sheriff, “who cannot find property upon which to levy the plaintiff’s execution, and 'who declines to set off the one against the other, on the ground that the defendant Tarbell had assigned his claim to Claggett, Browne & Claggett.” It is also…
1Opinion of the CourtDillon, J.
I. It is claimed by the defendants, Claggett, Browne & Claggett, that the judgment of the plaintiff against Tarbell & Robertson was wholly void, as against Tarbell, because the justice of the peace, who rendered the same, had no jurisdiction of the person of the defendant Tarbell; and this is the first question which we are called upon to determine. The plaintiff’s action against Tarbell & Robertson was brought before H. H. Wilson, a justice of the peace, and the return day was fixed by the justice for tbe 11th day of February, 1860. The original papers in this action were not before the…
2Cases cited2 opinions
- Bonsall v. IsettSupreme Court of Iowa · 1862
- Hurst v. SheetsSupreme Court of Iowa · 1862
3Cited by40 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Muncey v. JoestIndiana Supreme Court · 1881
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Peyton v. PeytonWashington Supreme Court · 1902
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