Haefer v. Mullison
Supreme Court of Iowa
Appeal from Fremont District Cowt. — Hon. Walter I. Smith and Hon. A. B. Thornell, Judges. Action on the official bond of a constable, to remover the value of certain corn alleged to have been illegally taken and sold to satisfy an execution. A ■demurrer to the petition was sustained, and, the plaintiff refusing to plead further, judgment was rendered in favor of the defendants for costs. The plaintiff .appeals.
1Opinion of the CourtBobinson, J.
The petition alleges that the corn in controversy was raised on land in this state which is ■owned by the plaintiff, and which had been purchased with money he had received as a pension from the general government, and that the corn was exempt from seizure under the execution. The ground of the demurrer was that the petition did not state a cause of action, for the reason that it shows that the corn was not exempt from execution. The demurrer was sustained by the court (Judge Smith presiding) on the fifteenth day of April, 1892, and to that ruling the plaintiff excepted. On the third day of…
2Cases cited7 opinions
- Morgan v. RountreeSupreme Court of Iowa · 1893
- Gulliher v. C., R. I. & P. R.Supreme Court of Iowa · 1882
- Redding v. PageSupreme Court of Iowa · 1879
- Barnhart v. FarrSupreme Court of Iowa · 1880
- Diamond v. PalmerSupreme Court of Iowa · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Western Securities Co. v. AtleeSupreme Court of Iowa · 1915
- In re SullivanCourt of Appeals for the Eighth Circuit · 1906
- Shull v. McCrumSupreme Court of Iowa · 1917
- Gibson v. Iowa Legion of HonorSupreme Court of Iowa · 1916
- Smyth v. HallSupreme Court of Iowa · 1905
4 more not listed; retrieve them via the Exa API.