Legal Opinion

Smola v. McCaffrey

Supreme Court of Iowa

Decided October 23, 1891PublishedCited by 5 opinions

Appeal from Jaalcson District Court. — Hon. C. M. Waterman, Judge. The plaintiff was a judgment debtor, the head of a family, having a wife only, and the occupant of a homestead which was sold on special execution to satisfy a judgment lien thereon. After the satisfaction of the execution there remained in the hands of the sheriff, the defendant, a surplus which he applied in satisfaction of another execution in his hands against the plaintiff.

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Appeal from Jaalcson District Court. — Hon. C. M. Waterman, Judge. The plaintiff was a judgment debtor, the head of a family, having a wife only, and the occupant of a homestead which was sold on special execution to satisfy a judgment lien thereon. After the satisfaction of the execution there remained in the hands of the sheriff, the defendant, a surplus which he applied in satisfaction of another execution in his hands against the plaintiff. The wife of the plaintiff had previously obtained a divorce from him. The issues involve the question of the exemption of the surplus from execution…

1Opinion of the Court

Granger. J.

The proceeding is at law, and the assignments of -error are as follows. “Assignment of errors: And the appellant says there is manifest error on the faee of the record in this cause in this: First. The judgment of the court in finding for the plaintiff is against the -evidence, as shown by the agreed statements of facts submitted by the parties. Second. The judgment of the court in finding for the plaintiff is against the law applicable to the facts shown by the agreed statement of facts submitted by the parties. Said judgment should have been for the defendant. Third. The court…

2Cases cited1 opinion

  1. Tomblin v. BallSupreme Court of Iowa · 1877

3Cited by5 opinions

  1. Manatt v. ScottSupreme Court of Iowa · 1898
  2. Casey v. Ballou Banking Co.Supreme Court of Iowa · 1896
  3. McMurray v. Capital Insurance Co.Supreme Court of Iowa · 1893
  4. Calkins v. Chicago, Milwaukee St. Paul Railway Co.Supreme Court of Iowa · 1894
  5. Copeland v. FerrisSupreme Court of Iowa · 1902

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