McKay v. Thorington
Supreme Court of Iowa
Appeal from Scott District Court. Action upon the official bond of Thorington as sheriff. The charge is, that plaintiff commenced his action by attachment against certain parties; had personal property attached by Leonard, the predecessor of Thorington; that Leonard, at the expiration of his term, transferred and delivered the writ and property tó his successor, whose duty it was to safely keep and preserve said property; that he did not so keep the same, but neglected his…
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Appeal from Scott District Court. Action upon the official bond of Thorington as sheriff. The charge is, that plaintiff commenced his action by attachment against certain parties; had personal property attached by Leonard, the predecessor of Thorington; that Leonard, at the expiration of his term, transferred and delivered the writ and property tó his successor, whose duty it was to safely keep and preserve said property; that he did not so keep the same, but neglected his duty, whereby the property was lost, &c. The answer denies that said defendant ever received the said property, or any…
1Opinion of the CourtWright, J.
The point in controversy is, whether the sheriff (Thorington) ever received the property from his predecessor, or so acted in relation to it as to make him liable for its safe keeping. That the property was attached, and the benefit of such levy lost to the plaintiff, by the negligence of some one, is very well established. If Thorington was the guilty party, then that h¿ is liable there is no doubt. And whether he is thus guilty, depends' upon the delivery or non-delivery of the property to him by Leonard.
The statute provides that, “When a sheriff goes out of office, he shall deliver to his…
2Cited by14 opinions
- Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Burke v. ReiterSupreme Court of Iowa · 1950
- Lantz v. CookSupreme Court of Iowa · 1964
- Hubbell v. ReamSupreme Court of Iowa · 1871
- Peebles v. PeeblesSupreme Court of Iowa · 1889
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