Benjamin v. Shea
Supreme Court of Iowa
Appeal from Pottaivattamie District Gowrt. — Hon. H. E. Deemer, Judge. The plaintiff commenced an action in the district •court at Avoca against Anderson Davis on two unmatured promissory notes, executed by Davis to W. H. Longanecker, in which action an attachment was Issued and levied upon certain land as the property of Davis.
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Appeal from Pottaivattamie District Gowrt. — Hon. H. E. Deemer, Judge. The plaintiff commenced an action in the district •court at Avoca against Anderson Davis on two unmatured promissory notes, executed by Davis to W. H. Longanecker, in which action an attachment was Issued and levied upon certain land as the property of Davis. Entry of the levy was made in the incumbrance book kept at the clerk’s office at Avoca, but, through neglect of the clerk, was not certified to nor ■entered in the incumbrance book kept in the clerk’s' •office at the county seat. William Miller, having purchased the…
1Opinion of the CourtGiven, J.
i. evidence: court flies. I. The appellant assigns as errors a number of rulings admitting and excluding testimony, all °f which we have examined, and fail any prejTidioial error in the rulings. A paper purporting to be an execution in the case of Benjamin v. Davis was properly excluded, as it did not bear the clerk’s seal or filing mark, and was not otherwise identified than by being found with the papers in that case.
2’ meutf^ffleer’s II. The appearance docket showed in the same case, “ Writ of attachment returned, and duly served.” The words, “ duly served,” were properly excluded, as…
2Cases cited6 opinions
- Ledyard v. . JonesNew York Court of Appeals · 1852
- Denton v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Heinrichs v. TerrellSupreme Court of Iowa · 1884
- Aultman, Miller & Co. v. McGradySupreme Court of Iowa · 1882
- Wearin v. MunsonSupreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jensvold v. Chicago Great Western RailroadSupreme Court of Iowa · 1945
- Russell v. Chicago, Milwaukee & Saint Paul Railway Co.Supreme Court of Iowa · 1923
- Ross v. Hawkeye InsuranceSupreme Court of Iowa · 1895
- Raiche v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1943
- Inter-Ocean Reinsurance Co. v. MorrisonSupreme Court of Iowa · 1939
4 more not listed; retrieve them via the Exa API.