Legal Opinion

Cook v. Hamilton

Supreme Court of Iowa

Decided December 8, 1885PublishedCited by 7 opinions

Appeal from Carroll CirovAt Court. Action in replevin. There'was' a judgment upon a verdict for plaintiff. Defendant appeals.

1Opinion of the Court

Beck, Ch. J.

I. The defendant, as sheriff, levied an execution upon a pair of horses and a buggy and harness. Plaintiff brought this action to recover the possession of the property and damages for its wrongful detention, but, having filed no replevin bond, the action proceeded without the delivery of the property to plaintiff. This is authorized by the statute. The circuit court, upon the verdict for plaintiff, entered a judgment for the value of the property and for the damages for its detention.

II. This judgment is authorized by the statute. See Code, § § 3238, 3239. Code, § 3211, provides…

2Cited by7 opinions

  1. Hartley State Bank v. McCorkellSupreme Court of Iowa · 1894
  2. Powers v. BensonSupreme Court of Iowa · 1903
  3. Turner v. YounkerSupreme Court of Iowa · 1888
  4. Becker v. StaabSupreme Court of Iowa · 1901
  5. Just v. PorterMichigan Supreme Court · 1887

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