Legal Opinion

Errett v. Rasmussen

District Court, S.D. Iowa

Decided May 21, 1976No. Civ. 75-130-2Published

1Opinion of the Court

HANSON, District Judge.

This lawsuit involves a constitutional challenge to Rule 337 of the Iowa Rules of Civil Procedure, which requires judgment debtors in Iowa to obtain a bond in the amount of 125 percent of the judgment against them, guaranteeing full payment of that judgment, in order to prevent levy and seizure upon their non-exempt assets pending appeal. Plaintiffs assert that this supersedeas bond requirement violates the equal protection and due process clauses of the Fourteenth Amendment to the United States Constitution. They seek a declaratory judgment to that effect, pursuant to…

2Cases cited18 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  3. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  4. Storer v. BrownSupreme Court of the United States · 1974
  5. Golden v. ZwicklerSupreme Court of the United States · 1969

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