Cousins v. Paxton & Gallagher Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Gourb. — HoN. O. D. WlIEELER, Judge. The defendants'Paxton & Gallagher sued out a writ of attachment against the property of their debtor, which was levied by the plaintiff upon a stock of goods. Thereafter a third person, E. Myers, served notice on him of the ownership of the goods levied upon, and Paxton & Gallagher thereupon furnished him an indemnifying bond according to the provisions of sections 3906, 3991, and 3992 of the Oode.
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Appeal from Pottawattamie District Gourb. — HoN. O. D. WlIEELER, Judge. The defendants'Paxton & Gallagher sued out a writ of attachment against the property of their debtor, which was levied by the plaintiff upon a stock of goods. Thereafter a third person, E. Myers, served notice on him of the ownership of the goods levied upon, and Paxton & Gallagher thereupon furnished him an indemnifying bond according to the provisions of sections 3906, 3991, and 3992 of the Oode. The plaintiff held the property for some time, but the action was finally dismissed by the defendants, and the levy released…
1Opinion of the CourtSheewiN, J.
The bond undertook to indemnify the plaintiff against all damages which he might sustain in consequence of the seizure or sale of the property levied upon. The defendants contend that attorney’s fees actually paid by the sheriff in protecting his levy would not be recoverable on the bond; that the bond provides only for indemnity against damages actually paid; and that no action can be maintained thereon in this case, because the plaintiff has not paid the attorney’s fees for which he sues. This is- a statutory bond, and, in determining whether attorney’s fees may be recovered thereunder, we…
2Cases cited13 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Wilson v. SmithSupreme Court of Iowa · 1867
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3Cited by11 opinions
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1904
- Maryland Casualty Co. v. PeppardSupreme Court of Oklahoma · 1915
- Constantine v. RowlandSupreme Court of Iowa · 1910
- Duke v. TylerSupreme Court of Iowa · 1930
- Zieman v. United States Fidelity & Guaranty Co.Supreme Court of Iowa · 1931
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