Oswald v. Thedinga
Supreme Court of Iowa
Appeal from Dubuque District Court. The petition shows that plaintiff recovered judgment against tbe city of Dubuque on tbe 2d of December, 1862, for about $1,850; that execution issued thereon, and payment thereof was demanded of the treasurer of the city, which was refused, and that said writ was returned by the sheriff “no property found.”
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Appeal from Dubuque District Court. The petition shows that plaintiff recovered judgment against tbe city of Dubuque on tbe 2d of December, 1862, for about $1,850; that execution issued thereon, and payment thereof was demanded of the treasurer of the city, which was refused, and that said writ was returned by the sheriff “no property found.” It also appears that said Thedinga is the mayor, and the other defendants are the members of the city council of said city-; and that in September, 1868, after the return of said execution, plaintiff presented his written petition to said mayor and…
1Opinion of the Court
Weight, Ch. J.
1. Municipal corporation: jedgment. Sections 3267 to 3292, inclusive, of the Revision, direct the mode of levying executions, and tbe <3uty of the officer under the writ. In referring to executions against the State, or any county or other civp corporation, it is declared that “ if no property is found on which to levy, or if the judgment credit- or elect not to issue execution against such corporation, he is entitled to the amount of his judgment and costs, in the ordinary evidences of indebtedness issued by that corporation. And, if the debtor corporation issues no scrip or…
2Cases cited2 opinions
- Clark, Dodge & Co. v. City of DavenportSupreme Court of Iowa · 1863
- State ex rel. Clark, Dodge & Co. v. City of DavenportSupreme Court of Iowa · 1861
3Cited by3 opinions
- Iowa Railroad Land v. County of SacSupreme Court of Iowa · 1874
- Iowa Railroad Land v. Carroll CountySupreme Court of Iowa · 1874
- Porter v. ThomsonSupreme Court of Iowa · 1867