Bell v. Perry & Townsend
Supreme Court of Iowa
Appeal from Monroe District Court. Thomas Watson brought .a joint action against the plaintiff, and William Cummings, for malicious prosecution and false imprisonment in the District Court.
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Appeal from Monroe District Court. Thomas Watson brought .a joint action against the plaintiff, and William Cummings, for malicious prosecution and false imprisonment in the District Court. The action, as to Cummings, was transferred to the Circuit Court, and there was a trial as to plaintiff, which reSulted in a verdict - and judgment for twenty dollars and costs against him, on the 21st day of April, 1873. On the 30th of that month, Watson assigned in writing, on the judgment docket, the said judgment to the defendants. The plaintiff appealed to this court, and such judgment was reversed…
1Opinion of the Court
Seevers, Ch. J.
1 execution’ j>íP?itag° S6t ments. I. The power and authority of the sheriff to set off executions is entirely statutory, and depends on tita question whether or not the judgments are uiutual. Code, Sec. 3097. The plaintiff in one must be defendant in the other. Not only so, but the mutuality must exist in another respect. The judgments must, in fact, • belong to, and be the property of, the respective parties thereto. This is the very essence of mutuality. It must not only exist in form but in substance. The execution in this case, in form, was sufficient to authorize the set…
2Cases cited2 opinions
- Turner v. HitchcockSupreme Court of Iowa · 1866
- Bonney v. BonneySupreme Court of Iowa · 1870
3Cited by18 opinions
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- Edens v. FletcherSupreme Court of Kansas · 1908
- Missouri, Kansas & Texas Railway Co. v. McWherterSupreme Court of Kansas · 1898
- Farmers Savings Bank v. AldrichSupreme Court of Iowa · 1911
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