Rhutasel v. Rule
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. S. M. Weaver, Judge. The plaintiff is the wife of N. J. Khutasel, who is a judgment debtor of the Citizens’ State Bank. The defendant, as sheriff, by virtue of an execution, seized some hogs as the property of N. J. Rhutasel. Plaintiff brought replevin for the hogs as the owner thereof, a,ud by virtue of a writ the coroner took the hogs from the defendant, and delivered them to the plaintiff.
Read the full summary
Appeal from Franklin District Court. — Hon. S. M. Weaver, Judge. The plaintiff is the wife of N. J. Khutasel, who is a judgment debtor of the Citizens’ State Bank. The defendant, as sheriff, by virtue of an execution, seized some hogs as the property of N. J. Rhutasel. Plaintiff brought replevin for the hogs as the owner thereof, a,ud by virtue of a writ the coroner took the hogs from the defendant, and delivered them to the plaintiff. Afterward, and on the same day, the following entry was made in the court records of the cause: “This cause is now, at 5 o’clock p. m., this August 17, 1898,…
1Opinion of the CourtGranger, J.
*241 *23I. The record presents the question of the authority of an attorney to dismiss an action merely because of his general employment to prosecute it. Section 218 of the Code specifies certain powers possessed by attorneys, bub the specifications seem to be limited to powers to execute written instruments in the name of his client, to bind his client by agreements, and to receive money claimed by his client, and discharge the claim or judgment. It is not thought that the powers thus defined are exclusive of all others. Ohlquest v. Farwell, 71 Iowa, 231 (32 N. W. Rep. 277), deals with the powers…
2Cases cited3 opinions
- Ohlquest v. Farwell & Co.Supreme Court of Iowa · 1887
- Wilkins v. TreynorSupreme Court of Iowa · 1862
- Crist v. FrancisSupreme Court of Iowa · 1878
3Cited by13 opinions
- Zurich General Accident & Liability Insurance v. KinslerCalifornia Supreme Court · 1938
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Turner v. FlemingSupreme Court of Oklahoma · 1913
- Shores Co. v. Iowa Chemical Co.Supreme Court of Iowa · 1936
- Ryan v. Phoenix InsuranceSupreme Court of Iowa · 1927
8 more not listed; retrieve them via the Exa API.