Hardin v. White
Supreme Court of Iowa
Appeal from ICeohuk Circuit Court. Action to enjoin an execution sale of certain real estate in the city of ICeokuk. The action was brought upon the alleged ground that the real estate was not subject to sale upon the execution. There was a decree for the plaintiff. The defendant, White, appeals.
1Opinion of the CourtAdams, J.
1. Injunction: to stay execution sale: amount of bond required. I. The injunction bond filed in the case was not for double the amount of the judgment upon which the execution issued. The defendant filed a motion for increase of the bond, and for dissolution of the injunction, if the bond be not increased m . IJie court overruled the motion. The defendant complains of the action of the court in this respect.
Where proceedings in'á civiTactióñ upon a judgment are sought to be enjoined, the bond must be conditioned for the payment of the judgment; and the penalty of the bond must be double the…
2Cases cited2 opinions
- Clayton v. EllisSupreme Court of Iowa · 1879
- Barnes v. CavanaghSupreme Court of Iowa · 1881
3Cited by2 opinions
- Cadd v. SnellSupreme Court of Iowa · 1935
- Danford v. LindseySupreme Court of Iowa · 1916