Harger v. Spofford
Supreme Court of Iowa
Appeal from, Polk Circuit Court. The jury in this case having returned a verdict for the plaintiff, the- court, on the 23d day of February, 1876, overruled the motion to set aside the verdict, and for a new trial, and rendered'judgment in favor of plaintiff for the sum of $600. On the 29th day of February, 1876, the plaintiff filed a motion asking the court to make an order commanding the sheriff to deliver to said plaintiff the full occupancy and possession of a certain two…
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Appeal from, Polk Circuit Court. The jury in this case having returned a verdict for the plaintiff, the- court, on the 23d day of February, 1876, overruled the motion to set aside the verdict, and for a new trial, and rendered'judgment in favor of plaintiff for the sum of $600. On the 29th day of February, 1876, the plaintiff filed a motion asking the court to make an order commanding the sheriff to deliver to said plaintiff the full occupancy and possession of a certain two story frame^ building, described in plaintiff’s petition, and levied on by the sheriff, under writs of attachment, at…
1Opinion of the CourtDay, J.
i attachrútíon of:Sapl peal The only point made by appellant is, that the court had no jurisdiction to make the order of March 3d, 1876, upon the ground that the main cause had keen appealed. The judgment adverse to defendant was rendered on the 23d day of February.
The effect of the judgment against defendant was to discharge his attachment, unless appealed from within two days. Code, sections 3019, 3020.
On the 29th day of March, no appeal having been taken, the attachment was by operation of law discharged, and plaintiff then had a right to an order of court declaring that fact, and…
2Cited by8 opinions
- E. H. Emery & Co. v. Wabash RailroadSupreme Court of Iowa · 1918
- Conkling v. YoungSupreme Court of Iowa · 1909
- Farwell v. TiffanySupreme Court of Iowa · 1891
- Woods v. BrownSupreme Court of Iowa · 1929
- Cox v. Southern Surety Co.Supreme Court of Iowa · 1929
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