Lyon v. Northrup
Supreme Court of Iowa
Appeal from Dubuque District Court The defendant executed and delivered to "Wm. Rebman. a bond conditioned to save said obligee “ harmless from all damages or loss he may or shall suffer, by reason of the signing of the replevin bond,” as surety for one Gaines, who had brought replevin against M. M. Hayden, sheriff, &c., for goods seized by said sheriff under a writ of attachment against said Gaines in favor of Bartlett.”
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Appeal from Dubuque District Court The defendant executed and delivered to "Wm. Rebman. a bond conditioned to save said obligee “ harmless from all damages or loss he may or shall suffer, by reason of the signing of the replevin bond,” as surety for one Gaines, who had brought replevin against M. M. Hayden, sheriff, &c., for goods seized by said sheriff under a writ of attachment against said Gaines in favor of Bartlett.” The replevin suit failed, and Rebman was sued on the replevin bond and judgment rendered against him for $911TV„> which he paid by the check of D. E. Lyon» Rebman then…
1Opinion of the CourtCole, J.
1. Judgment on repievin bond. I. Upon the trial of this case, after the plaintiff had introduced in evidence, the indemnifying bond given by defendant, he offered in evidence the record entry of judgment against Rebman on the replevin bond, to which the defendant objected so far as the same was offered to show the extent of defendant’s liability, because he was not a party to the suit. The court admitted the judgment entry, subject to such instructions as should be given to the jury. The court afterwards instructed the jury that “the judgment is at least prima facia evidence of the claim of…
2Cases cited2 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Charles v. HoskinsSupreme Court of Iowa · 1863
3Cited by4 opinions
- Stephens v. ShaferWisconsin Supreme Court · 1879
- West Riverside Coal Co. v. Maryland Casualty Co.Supreme Court of Iowa · 1912
- Union Central Life Insurance v. Iowa Mutual InsuranceSupreme Court of Iowa · 1933
- Union C.L. Ins. Co. v. Iowa M. Ins. Co.Supreme Court of Iowa · 1933