Hershler v. Reynolds
Supreme Court of Iowa
Appeal-from Lee District Oov/rt: ■ Beynolds and others obtained. several judgments against -John Stannus. Executions issued thereon were levied on a stock of goods, which was afterward taken from the sheriff, under a writ of replevin, issued at the suit of Sarah Stannus, who claimed the same in her own right. The replevin bond was signed by the present plaintiffs, Hershler, Jackson and Delashmutt as sureties for said Sarah.
Read the full summary
Appeal-from Lee District Oov/rt: ■ Beynolds and others obtained. several judgments against -John Stannus. Executions issued thereon were levied on a stock of goods, which was afterward taken from the sheriff, under a writ of replevin, issued at the suit of Sarah Stannus, who claimed the same in her own right. The replevin bond was signed by the present plaintiffs, Hershler, Jackson and Delashmutt as sureties for said Sarah. Pending this action, George O. Anderson and Reynolds, two of the judgment creditors, were allowed to intervene. Delashmutt, one of the sureties on the bond, claiming that…
1Opinion of the CourtWright, J.
There is a large amount of testimony in the record, which, however, it is unnecessary to refer to in detail. The parties, not differing much, if any, as to the rule governing the rights of sureties when time is given by the creditor to the principal without the knowledge or consent of the sureties, contest its application to the facts of this case.
The bond was conditioned in the ordinary and required form '(Rev., § 3554), and was duly approved and filed. This section also declares that such a bond' is for the use of any person injured by the proceeding, and that a judgment for money recovered…
2Cases cited1 opinion
- Chambers v. CochranSupreme Court of Iowa · 1864
3Cited by12 opinions
- Rush v. MitchellSupreme Court of Iowa · 1887
- Wright v. HakeMichigan Supreme Court · 1878
- Barry v. State Surety CompanySupreme Court of Iowa · 1967
- Drake v. SmytheSupreme Court of Iowa · 1876
- Chickasaw County v. PitcherSupreme Court of Iowa · 1873
7 more not listed; retrieve them via the Exa API.