Maish v. Littleton
Supreme Court of Iowa
Appeal from Polk Circuit Court. ActioN in replevin. The defendant is the sheriff of Polk county. As such, he received a writ of attachment in an action brought by H. B. Claflin & Co. against W. K. Bird, and levied the same upon certain personal property. The plaintiff claims to be the owner of the property, and entitled to the immediate possession. Under such claim, he brought this action to recover possession, and for damages.
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Appeal from Polk Circuit Court. ActioN in replevin. The defendant is the sheriff of Polk county. As such, he received a writ of attachment in an action brought by H. B. Claflin & Co. against W. K. Bird, and levied the same upon certain personal property. The plaintiff claims to be the owner of the property, and entitled to the immediate possession. Under such claim, he brought this action to recover possession, and for damages. The defendant, Littleton, and the attaching creditors, H. B. Claflin & Co., made an application to the court for the substitution of H. B. Claflin & Co. as defendants,…
1Opinion of the CourtAdams, J.
-The application for substitution was made under sections 2572, 2573 and 2574 of the Code.
The substitution asked for contemplated, of course, the discharge of Littleton. If he had become liable to the plaintiff, as the petition avers, the plaintiff had a claim against him which was in the nature of property. The discharge of Littleton would have had the effect to deprive the plaintiff of this property. He insists, therefore, that the statute providing for the substitution of the creditor and discharge of the officer is unconstitutional. The question raised was decided in Sunberg v. Babcock,…
2Cases cited1 opinion
- Sunberg v. BabcockSupreme Court of Iowa · 1883