Gerlaugh v. Ryan
Supreme Court of Iowa
Appeal from Shelby District Court.— HoN. A. B. Thor-hell, Judge. The plaintiff in a replevin action elected to take judgment for tbe value of the property, and, after this was entered, moved for judgment against the sureties on the delivery bond. The motion was overruled, and plaintiff appeals.
1Opinion of the CourtLadd, J.
All the property was taken under the writ of replevin except one bull, “ Master of the Ring,” of the estimated value of.$1,705, for which a delivery bond was executed, with L. F. Potter and Bradley McCord as sureties. Judgment was entered by consent against defendants, confirming the title in plaintiff to all the cattle described in the petition, and, by his election, for the value of the animal mentioned. Thereupon he moved for judgment on the delivery bond, and this was resisted by the sureties on the .grounds (1) that by electing to take a personal judgment against defendants for value…
2Cases cited6 opinions
- Hall v. . TillmanSupreme Court of North Carolina · 1889
- New England Furniture & Carpet Co. v. BryantSupreme Court of Minnesota · 1896
- Powers v. BensonSupreme Court of Iowa · 1903
- Becker v. StaabSupreme Court of Iowa · 1901
- Larabee v. CookCourt of Appeals of Kansas · 1899
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3Cited by7 opinions
- Richards v. W. H. Hellen & SonSupreme Court of Iowa · 1911
- Nesbit v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Seybold v. EisleSupreme Court of Iowa · 1912
- Rosenstein v. Bernhard & Turner Automobile Co.Supreme Court of Iowa · 1920
- Larson v. HansonNorth Dakota Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.