Minott v. Vineyard
Supreme Court of Iowa
Appeal from Iowa District Court. Replevin against the defendant as sheriff, claiming certain property levied upon by virtue of an execution against Stepton and another. The writ of replevin was directed as follows: “ The State of Iowa, County of Iowa: To William D. Loveridge, special coroner, by the clerk of the District Court in said county and State, appointed specially for the purpose of serving this writ.
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Appeal from Iowa District Court. Replevin against the defendant as sheriff, claiming certain property levied upon by virtue of an execution against Stepton and another. The writ of replevin was directed as follows: “ The State of Iowa, County of Iowa: To William D. Loveridge, special coroner, by the clerk of the District Court in said county and State, appointed specially for the purpose of serving this writ. It having been shown satisfactorily to said clerk, that the sheriff of said county is a party to this suit, and the qualified coroner of said county being absent from said county.…
1Opinion of the CourtWright, J.
The quashing of the writ would not have the effect of abating the suit. Beard v. Smith, 9 Iowa 50.
But was the writ properly abated ? Our opinion is that it was not. If it appears from the papers in a cause that the sheriff is a party, or if an affidavit is filed with the clerk, stating, among other things, an interest on the part of the sheriff, the clerk is authorized to direct process to the coroner, and he is to execute it as if he were sheriff. When there is no sheriff, deputy sheriff or coroner qualified to serve legal process, the clerk is authorized by writing under his hand and the…
2Cases cited2 opinions
- Currens v. RatcliffeSupreme Court of Iowa · 1859
- Beard v. SmithSupreme Court of Iowa · 1859
3Cited by2 opinions
- People v. Le DouxCalifornia Supreme Court · 1909
- Freeman v. LindSupreme Court of Iowa · 1900