Sheppard & Morgan v. Collins
Supreme Court of Iowa
Appeal from Dubuque District Court. Plaintiffs commenced tbeir action and procured a writ of attachment against T. and J. Smith.
Read the full summary
Appeal from Dubuque District Court. Plaintiffs commenced tbeir action and procured a writ of attachment against T. and J. Smith. The property attached was released, upon the defendants therein executing a bond signed by themselves and the present defendant and another as sureties, payable to the sheriff having the writ, conditioned that said Smiths “shall produce said goods in satisfaction of [the] judgment in said action or pay such judgment as may be rendered against them in said action.” This action is now brought on this bond.against Collins, one of the sureties. The points made and…
1Opinion of the CourtWeight, J.
It is clearly shown that the attachment issued, that the sheriff served the same and released the property; that plaintiffs recovered judgment against the Smiths; that an execution issued, was returned no property found; that the property attached had been demanded and was not forthcoming. The answer neither admits nor denies the avermentsof the petition, but professes ignorance.
The court charged the jury, that “the sheriff, in order to release property seized by him under a writ of attachment, can only exact the bond required by statute: this bond does not contain the conditions required by…
2Cases cited5 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Millard v. CanfieldNew York Supreme Court · 1830
- Love v. PalmerNew York Supreme Court · 1810
- Purcell v. SteeleIllinois Supreme Court · 1850
3Cited by23 opinions
- United States Fidelity & Guaranty Co. v. Iowa Telephone Co.Supreme Court of Iowa · 1916
- Carnegie, Phipps & Co. v. HulbertCourt of Appeals for the Eighth Circuit · 1895
- Moore v. McKinleySupreme Court of Iowa · 1882
- Rowley v. JewettSupreme Court of Iowa · 1881
- Morgan v. MenziesCalifornia Supreme Court · 1882
18 more not listed; retrieve them via the Exa API.