Musser v. Maynard
Supreme Court of Iowa
Appeal from Cedar District Court. On tbe 6tli day of June, 1877, the plaintiffs recovered a judgment of $279.38, in the Johnson District Court, against Theodore Pearson and Alexander Pearson, who were residents of Cedar county. The judgment drew interest at the rate of ten per cent per annum. August 16, 1877, plaintiffs caused an execution to issue upon said judgment to the sheriff of Cedar county.
Read the full summary
Appeal from Cedar District Court. On tbe 6tli day of June, 1877, the plaintiffs recovered a judgment of $279.38, in the Johnson District Court, against Theodore Pearson and Alexander Pearson, who were residents of Cedar county. The judgment drew interest at the rate of ten per cent per annum. August 16, 1877, plaintiffs caused an execution to issue upon said judgment to the sheriff of Cedar county. The execution was received by A. B. Maynard, one of the defendants herein, who was then sheriff of said county, on the 21st day of August, 1877. August 17, 1878, the execution was returned with…
1Opinion of the CourtRothrock, J.
1. sheriff : fumexeeu-tion. liability I. The first question presented in argument is whether the defendant is liable in damages by reason °f bis neglect to return the execution to the office of the clerk of the Johnson District Court. SecgQg^ 0£ Q0(je provides that “ every officer to whose hands an execution may legally come shall give a receipt therefor if required, stating the hour when the same was received, and shall make sufficient return thereof, together with the money collected, on or before the seventieth day from such delivery.”
It will be observed that this statute does not provide…
2Cases cited1 opinion
- Ledyard v. . JonesNew York Court of Appeals · 1852
3Cited by3 opinions
- Benjamin v. SheaSupreme Court of Iowa · 1891
- Foster v. WagenerSupreme Court of Minnesota · 1915
- Musser v. MaynardSupreme Court of Iowa · 1882