Ripley v. Gear
Supreme Court of Iowa
Appeal from, Des Moines District Court. The plaintiff commenced an action in the District Court of Des Moines county against one McCaw, for the collection of rent, and caused a landlord’s attachment to issue, which was levied upon the property of McCaw. The defendants herein, as sureties for McCaw, executed a delivery bond, and thereupon the attached property was released.
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Appeal from, Des Moines District Court. The plaintiff commenced an action in the District Court of Des Moines county against one McCaw, for the collection of rent, and caused a landlord’s attachment to issue, which was levied upon the property of McCaw. The defendants herein, as sureties for McCaw, executed a delivery bond, and thereupon the attached property was released. Judgment-was afterwards rendered against McCaw and in favor of plaintiff for the rent claimed, and this action was brought to recover of the defendants, as sureties in the bond, the amount of the judgment against McCaw.…
1Opinion of the CourtRothrock, J.
1. BOND: mistake in: liability of surety. The bond in question was conditioned as follows: “The condition of this obligation is such,'that, 'wl161’638 fhe said I- R- Ripley, as aforesaid, has V virtue of a certain writ of attachment issued from the office of the clerk of the Circuit Court of Des Moines county, Iowa, in a suit therein pending, wjierein I. N. Ripley is plaintiff, and James McCaw is defendant, levied upon and attached the personal property here*461inafter described as the property of the said, James McOaw. Now, if the said obligors shall and will deliver to the said "William…
2Cited by1 opinion
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