Craig v. Fowler
Supreme Court of Iowa
Appeal from Greene Circuit Court. Action to recover the value of a stock of drugs, medicines, and other merchandise, seized and sold' by defendant, who was the sheriff of the county, on certain executions issued upon judgment against John Craig, and J. R. Craig, plaintiffs, husband and son. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Dissent
Adams, J.,
dissenting. — I think that the court erred in striking from the answer the allegations based upon the provision of the statute contained in section 3058 of the Code. I do not think that the statute is unconstitutional. While, therefore, I concur in the reversal of the case, I do so upon the ground that the court erred in holding that the statute *206is unconstitutional. Upon the other points I express no opinion.
Section 3058 of the Code is in these words: “The claimant or purchaser of any property, for the seizure or sale of which an indemnifying bond has been taken and returned by the…
2Cases cited2 opinions
- Foule v. MannSupreme Court of Iowa · 1881
- Evans v. ThurstonSupreme Court of Iowa · 1880