Sweet v. Wright
Supreme Court of Iowa
Appeal from Marshall Circuit Court. Aotiok upon a statutory indemnifying bond. The defendants, Wright & Spencer, obtained a' judgment against one J. B. Sweet, Jr., and caused an execution to be levied upon certain goods, giving the sheriff an indemnifiying bond under the statute.
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Appeal from Marshall Circuit Court. Aotiok upon a statutory indemnifying bond. The defendants, Wright & Spencer, obtained a' judgment against one J. B. Sweet, Jr., and caused an execution to be levied upon certain goods, giving the sheriff an indemnifiying bond under the statute. The plaintiff, claiming to be the owner of the goods, brings this action against Wright & Spencer as principals upon the bond, and against the defendants, George Grlielc and T. J. Eletcher, as sureties. As to Wright & Spencer, the place of trial was changed to the district court. As to the sureties, the case was…
1Opinion of the CourtAdams, J.
I. The defendant sureties assign as error that the court erred in not granting a change of place of trial as 1. vENtrar. as to par0/ defendants. to them. Section 2594 of the Code provides that, “as to those who take no change, the cause shall proceed as if none had been taken.” The plaintiff cites this section as decisive of the question before us.
Under this section it must be held that it does not follow, from the mere fact that a change is granted to a portion of the defendants or plaintiffs, that a change must also be granted to the others who do not desire it, but that the cause must…
2Cited by7 opinions
- Lewis v. BakerSupreme Court of Iowa · 1960
- Sunberg v. BabcockSupreme Court of Iowa · 1885
- Dorn & McGinty v. CooperSupreme Court of Iowa · 1908
- Halse Ex Rel. Halse v. La Crescent Grain Co.Supreme Court of Iowa · 1941
- Hinchcliff v. District CourtSupreme Court of Iowa · 1927
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