State ex rel. Meeker v. McGlothlin
Supreme Court of Iowa
Appeal from Wapello District Cou/rt. This action was commenced in 1881, and tried at tbe January term, 1882. There are two counts in the petition. The first states that a complaint under the bastardy statute was filed against Jacob L. McGlothlin, and that an attachment was ordered to and did issue, by virtue of which certain personal property of the said Jacob was attached, which he desired to have released.
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Appeal from Wapello District Cou/rt. This action was commenced in 1881, and tried at tbe January term, 1882. There are two counts in the petition. The first states that a complaint under the bastardy statute was filed against Jacob L. McGlothlin, and that an attachment was ordered to and did issue, by virtue of which certain personal property of the said Jacob was attached, which he desired to have released. Therefore he, and the defendant as his surety, executed to the sheriff a delivery bond in the penal sum of $380, conditioned that if the said Jacob should “in all things well and truly…
1Opinion of the CourtSeevers, J.
i attach-u-m-yhond : ' nytsuper-lecl sedeas bond. — I. It is insisted that the supersedeas bond declared on in the second count of the petition superseded or rendered the delivery bond null and void, and that no recovery can be had thereon. No authority is cited, nor is the proposition largely discussed by counsep "We therefore deem it sufficient to say that, in our opinion, the delivery bond remains in full force until the conditions therein stated are performed.
action on. II. The bond just mentioned was executed under the provisions of section 2994 of the Code, and section 2995 pro-that…
2Cases cited2 opinions
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Cole v. City of MuscatineSupreme Court of Iowa · 1862
3Cited by9 opinions
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
- Fidelity & Deposit Co. v. BowenSupreme Court of Iowa · 1904
- Mishler v. EdmunsonOregon Supreme Court · 1919
- Lowe v. Southern Surety Co.South Dakota Supreme Court · 1929
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