Steel v. Bryant
Supreme Court of Iowa
Appeal from Pottawattamie District Court. In 1873 the defendant Bryant was clerk of the District Court of said county, and this action was commenced April 9, 1877, on his official bond, to recover damages alleged to have been sustained by reason of negligence in accepting and approving a bond staying execution on a judgment in favor of the ■ plaintiffs, and against S. S. Baylis.
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Appeal from Pottawattamie District Court. In 1873 the defendant Bryant was clerk of the District Court of said county, and this action was commenced April 9, 1877, on his official bond, to recover damages alleged to have been sustained by reason of negligence in accepting and approving a bond staying execution on a judgment in favor of the ■ plaintiffs, and against S. S. Baylis. The petition states said judgment was recovered May 23, 1873, in the District Court of said county, and that on May 26, 1873, the said Bryant, as such clerk, accepted and approved a stay bond executed by S. S. Baylis,…
1Opinion of the CourtSeevers, J.
1. statute of limitations: insufficient stay bond: negligence. The effect-of the bond was to stay execution on the judgment for one' year, or until May 23, 1874, and the theory of the appellants is that the statute did not begin to run as to the negligent act of the °lerk until that time; that no action accrued against him until that time, and until then the plaintiffs were in nowise damaged. On the other hand the appellees claim the statute began to run at the time the act of negligence was committed, and that an action could have been at once maintained, although nominal damages only may…
2Cases cited7 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Watson v. Van MeterSupreme Court of Iowa · 1876
- Morgan v. PlumbNew York Supreme Court · 1832
- Gustin v. County of JeffersonSupreme Court of Iowa · 1863
- President v. ChildsNew York Supreme Court · 1826
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3Cited by10 opinions
- State ex rel. Cardin v. McClellanTennessee Supreme Court · 1904
- Ogg v. RobbSupreme Court of Iowa · 1917
- Russell & Co. v. Polk County Abstract Co.Supreme Court of Iowa · 1893
- Gardner v. BeckSupreme Court of Iowa · 1922
- Moore v. McKinleySupreme Court of Iowa · 1882
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