Legal Opinion

Clark v. Haynes

Supreme Court of Iowa

Decided October 24, 1881PublishedCited by 5 opinions

Appeal from Polk Circuit Court. Action upon a delivery bond executed by the defendant for the purpose of delivering certain property attached in an action in which the present plaintiff was plaintiff and one Shiffer was defendant. The plaintiff avers that he obtained judgment against Staffer, and demanded of this defendant a return of the property discharged, but that the defendant has wholly failed to return the same.

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Appeal from Polk Circuit Court. Action upon a delivery bond executed by the defendant for the purpose of delivering certain property attached in an action in which the present plaintiff was plaintiff and one Shiffer was defendant. The plaintiff avers that he obtained judgment against Staffer, and demanded of this defendant a return of the property discharged, but that the defendant has wholly failed to return the same. The defendant for.answer avers that at the time of the levy of the attachment Shiffer was not the owner of the property, but that it belonged to himself. There was a trial…

1Opinion of the Court

Adams, Ch. J.

i. landlord aotloiiiort: meat. The court made a finding of facts which was, in substance, as follows: The plaintiff in October, 1878, brought an action in ordinary attachment against Shiffer on a promissory note given for rent, which note was not due. The prayer was that an attachment issue and Shiffer’s property be attached. He filed a bond as in ordinary attachment, and a writ was issued and levied upon certain corn grown upon the leased premises. Judgment was recovered against Shiffer for the amount of the note. Prior to the levy of the attachment Shiffer sold the corn to the…

2Cases cited1 opinion

  1. Garner v. CuttingSupreme Court of Iowa · 1871

3Cited by5 opinions

  1. Brown v. CairnsSupreme Court of Iowa · 1898
  2. Partch v. BoyleSupreme Court of Iowa · 1924
  3. Grosland v. WybornyCourt of Appeals of Iowa · 1987
  4. Prudential Insurance Co. of America v. BussSupreme Court of Iowa · 1949
  5. Ward v. WalkerSupreme Court of Iowa · 1900

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