Thomas v. Nicklas
Supreme Court of Iowa
Appeal from Ha/rdÁn District Oov/rt. The plaintiff claims of the defendent William Nicklas, as constable, and his sureties upon his official bond, the defendants, W. Webber and E. Bruthaupt, the sum of one thousand dollars. The petition in substance alleges that S. Bloch, a justice of the peace, issued an execution in the case of Spies-huger Bros. v. H. O. Thomas et al., under which the defendant, Wm.
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Appeal from Ha/rdÁn District Oov/rt. The plaintiff claims of the defendent William Nicklas, as constable, and his sureties upon his official bond, the defendants, W. Webber and E. Bruthaupt, the sum of one thousand dollars. The petition in substance alleges that S. Bloch, a justice of the peace, issued an execution in the case of Spies-huger Bros. v. H. O. Thomas et al., under which the defendant, Wm. Nicklas, on the 18th of April, 1881, levied upon a stock of jewelry, show-cases and fixtures, the property of the plaintiff. That after said.justice rendered judgment against plaintiff, on which…
1Opinion of the CourtDay, J.
1. JUSTICE OF THE PEACE: judgment : appeal. Section 3597 of the Code authorizes any person aggrieved by an erroneous decision of a justice in a matter of law, to remove the same into the Circuit Court for correction. Section 3601 of the Code pro-r vides: “All proceedings in the justice’s court subsequent to judgment, may be stayed by a bond, entered into like that required in cases of appeals, and on which judgment shall be entered against the principal and surety in like manner and under like circumstances.” A judgment from which an appeal has been taken or a writ of error sued out, without…
2Cases cited3 opinions
- Phillips v. GermonSupreme Court of Iowa · 1876
- Pellersells v. AllenSupreme Court of Iowa · 1881
- C., R. I. & P. R. v. GrinnellSupreme Court of Iowa · 1881
3Cited by1 opinion
- Silver Peak Mines v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1910