Rowley v. Jewett
Supreme Court of Iowa
Appeal from PoUc Ci/remt Court. Hoyt Sherman sued out an attacbment against one Stamper, which was placed in the hands of the plaintiff for service, and he thereunder attached certain personal property belonging to said Stamper. Whereupon the latter and the defendant as his surety executed to the sheriff the delivery bond upon which this action was brought.
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Appeal from PoUc Ci/remt Court. Hoyt Sherman sued out an attacbment against one Stamper, which was placed in the hands of the plaintiff for service, and he thereunder attached certain personal property belonging to said Stamper. Whereupon the latter and the defendant as his surety executed to the sheriff the delivery bond upon which this action was brought. It was alleged in the petition that Sherman had obtained judgment, and that neither Stamper or the defendant had delivered said property to the sheriff as required by the conditions of the bond, but had wholly failed, although often…
1Opinion of the CourtSeevers, J.
1. BOND: for delivery 0^-may enforce I. The evidence warranted the Circuit Court in finding the plaiptiff purchased the judgment of Sherman, and the same was duly assigded to him. This . ° being so, the plaintiff, we think, became thereby ves1;e(l with all the rights of Sherman as to the enforcement or collection of the judgment. If, therefore, Sherman could maintain and resort to an action on the bond to enforce the collection of the judgment before the assignment the plaintiff could do so afterward.
It is provided by statute that “ when a bond * * given to any officer * * is intended for the…
2Cases cited7 opinions
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Watson v. Van MeterSupreme Court of Iowa · 1876
- Grant v. City of DavenportSupreme Court of Iowa · 1865
- Thornburgh v. MadrenSupreme Court of Iowa · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Crawford v. BergenSupreme Court of Iowa · 1894
- Phenix Ins. v. FindleySupreme Court of Iowa · 1882
- Iowa Valley State Bank v. SigstadSupreme Court of Iowa · 1895
17 more not listed; retrieve them via the Exa API.