Sherraden v. Parker
Supreme Court of Iowa
Appeal from Keokuk District Court. Injunction. — The facts, as found by the court below, and which are not controverted, are as follows: October 16, 1858, a judgment was obtained before a justice of the peace against one Warner; plaintiff became surety on the stay bond, and judgment was entered by the justice in due form against the principal and surety, April 21,1859; a transcript of said judgment was filed in the office of the clerk of the District Court; June 11, 1859, an…
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Appeal from Keokuk District Court. Injunction. — The facts, as found by the court below, and which are not controverted, are as follows: October 16, 1858, a judgment was obtained before a justice of the peace against one Warner; plaintiff became surety on the stay bond, and judgment was entered by the justice in due form against the principal and surety, April 21,1859; a transcript of said judgment was filed in the office of the clerk of the District Court; June 11, 1859, an execution issued on this judgment, but was returned by plaintiff’s order, nothing being made thereon. In October,…
1Opinion of the CourtWright, J.
surety: onev™ment In our judgment the strength of plaintiff ’s case is found in the fact that he was the surety of the principal debtor, a fact known to the plaintiff in execution, and the sheriff, and that the abandonment of the levy discharged him from further *30liability. For though we might hold that the levy itself did not operate prima facie, or otherwise, to satisfy the judgment, the inquiry would still remain, whether, under the circumstances, plaintiff was not discharged. While the authorities are not uniform as to the effect of a levy upon personal property in this State, the tendency…
2Cases cited4 opinions
- Chambers v. CochranSupreme Court of Iowa · 1864
- Reed & Co. v. CrosthwaitSupreme Court of Iowa · 1858
- Kuhns v. Westmoreland BankSupreme Court of Pennsylvania · 1833
- Shoofstall v. AdamsSupreme Court of Pennsylvania · 1859
3Cited by5 opinions
- Hendryx v. EvansSupreme Court of Iowa · 1903
- Mingus v. DaughertySupreme Court of Iowa · 1893
- Smith v. PackardCourt of Appeals for the Seventh Circuit · 1900
- Federal Land Bank v. ChristiansenSupreme Court of Iowa · 1941
- Valley National Bank v. Des Moines National BankSupreme Court of Iowa · 1902