Bixby v. Blair & Co.
Supreme Court of Iowa
Appeal from Fayette Circuit Court. The plaintiff commenced this action in replevin to 'recover of the defendant L. L. Farr, sheriff of Fayette county, a stock of goods and merchandise of the alleged value of $1,600, which it is averred, is the absolute property of the plaintiff, and upon which the said Farr as sheriff wrongfully levied an attachment issued from the Superior Court of Cedar Rapids, in an action by William Blair & Company against one Billings.
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Appeal from Fayette Circuit Court. The plaintiff commenced this action in replevin to 'recover of the defendant L. L. Farr, sheriff of Fayette county, a stock of goods and merchandise of the alleged value of $1,600, which it is averred, is the absolute property of the plaintiff, and upon which the said Farr as sheriff wrongfully levied an attachment issued from the Superior Court of Cedar Rapids, in an action by William Blair & Company against one Billings. The petition demands the return of the property, or in case the same cannot be found, judgment for the value thereof, and for damages for…
1Opinion of the CourtRothrock, J.
■i. practice: appeal, waiv I. Appellants contend that the court erred 'in overruling the motion for substitution as it was originally presented. The application having been made by ^ sheriff and by the parties in whose favor the writ of attachment issued, and a bond for costs having been :given, it may be this was all that was required under section 257é of the Code. But this we need not determine, because .although the defendants excepted to the rulings, they did not .stand thereon, but amended the application by giving bond not only for costs, but for damages, and thereupon the order ■of…
2Cases cited1 opinion
- Yulee v. VoseSupreme Court of the United States · 1879
3Cited by6 opinions
- Crary v. KurtzSupreme Court of Iowa · 1906
- Anderson v. Red Metal Mining Co.Montana Supreme Court · 1907
- Conners v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888
- McKee v. Illinois Central Railway Co.Supreme Court of Iowa · 1903
- Dice v. BrownSupreme Court of Iowa · 1896
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