Bixby v. Carskaddon
Supreme Court of Iowa
Appeal from Linn Circuit Court. Carskaddon, as sheriff, attached a stock of goods, wares and merchandise, under certain writs of attachment against J. R. Billings. The plaintiff, claiming to be the owner of the goods, brought this action to recover of Carskaddon the value of the goods levied on by him.
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Appeal from Linn Circuit Court. Carskaddon, as sheriff, attached a stock of goods, wares and merchandise, under certain writs of attachment against J. R. Billings. The plaintiff, claiming to be the owner of the goods, brought this action to recover of Carskaddon the value of the goods levied on by him. By consent, the judgment creditors were substituted as defendants, and they filed an answer, in which it was stated that Billings was the real owner of the goods, and that a pretended sale thereof by him to the plaintiff was fraudulent, because it had been made to hinder and delay creditors.…
1Opinion of the CourtSeevers, J.
1. Venue: agreement to change of: further change after new parties brought in. I. It is contended by counsel for the appellant that the court erred in overruling a motion for a change the place of trial, on the alleged ground that the defendants and their attorneys have such an undue influence over the inhabitants of the county , 1 , ,. . . .. .. . that plaintiii cannot obtain a fair trial therein. This action was originally brought in 1879, in the superior court of Cedar Rapids; and, before the attaching creditors were substituted as defendants, it was stipulated by the then parties as…
2Cases cited2 opinions
- Kilbourne v. Jennings & Co.Supreme Court of Iowa · 1875
- Keystone Manufacturing Co. v. JohnsonSupreme Court of Iowa · 1878
3Cited by4 opinions
- Bixby v. CarskaddonSupreme Court of Iowa · 1886
- Neuffer v. MoehnSupreme Court of Iowa · 1895
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- Morgan v. State Ex Rel. KirtleyIndiana Court of Appeals · 1925