Foster v. Davenport
Supreme Court of Iowa
Appeal from Woodbury District Court.• — Hon. William; Hutchinson, Judge. Action to recover possession of specific personal property. The defendant sheriff claims the right to hold the .property under a writ of attachment and special execution issued in a case wherein defendant Stetson was plaintiff and the Northern Investment Company was defendant. There was a trial to the court, a jury having been waived, resulting in a judgment for defendants, and plaintiff appeals. — ■
1Opinion of the CourtDeemer, J.
Defendant Stetson commenced action .against the Northern Investment Company in the district court of Woodbury county. His action was aided by attachment. The writ was delivered to defendant Davenport, as sheriff, who. took the property in dispute into his possession, inventoried it, and redelivered the same to one Towle, who was in possession of the. same as tenant, taking his written receipt therefor. He also served written notice of the attachment on the Northern Investment Company, and gave verbal notice thereof to the tenant in possession, but did not serve .him with written notice. Towle…
2Cases cited15 opinions
- Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
- Lyman v. LymanMassachusetts Supreme Judicial Court · 1814
- Moore v. Marshalltown Opera-House Co.Supreme Court of Iowa · 1890
- Sioux Valley State Bank v. KellogSupreme Court of Iowa · 1890
- Jewett v. TorreyMassachusetts Supreme Judicial Court · 1814
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3Cited by4 opinions
- Mercantile Realty Co. v. StetsonSupreme Court of Iowa · 1903
- Edwards v. TracySupreme Court of Iowa · 1927
- Ireland v. AdairNorth Dakota Supreme Court · 1903
- Cramer v. McDonaldSupreme Court of Iowa · 1931