Legal Opinion

Evans v. Thurston

Supreme Court of Iowa

Decided March 18, 1880PublishedCited by 4 opinions

Appeal from, Jones District Gov/rt. Action against the defendant as constable, upon his official bond, for failure to hold and subject to sale certain personal property which had been seized by him upon execution.

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Appeal from, Jones District Gov/rt. Action against the defendant as constable, upon his official bond, for failure to hold and subject to sale certain personal property which had been seized by him upon execution. The evidence tended to establish the following facts: After the levy the defendant was taken sick, and by reason of his sickness he turned the property levied' on over to one Noacheck, another constable of the same township, who received it, but immediately afterward returned it, to the defendant.. The defendant then notified the plaintiffs that he was not able to have charge of the…

1Opinion of the Court

Adams, Oh. J.

i. execution : inability irom sickness to act. -I. The court instructed the jury to the effect that if the defendant after the levy and seizure of the property was taken sick, and by reason of his sickness was unable to take charge of the prop- ® erty, and turned it over with the execution to another constable of his township, and notified the plaintiffs of his sickness before the property was lost, and requested them to take charge of it, and' they refused and neglected to do so, and the defendant used all the means in his power to preserve the property, he was not liable,ffor…

2Cases cited3 opinions

  1. Lummis v. KassonNew York Supreme Court · 1864
  2. Wadsworth & Co. v. WallikerSupreme Court of Iowa · 1877
  3. Freudenstein v. McNierIllinois Supreme Court · 1876

3Cited by4 opinions

  1. Cousins v. Paxton & Gallagher Co.Supreme Court of Iowa · 1904
  2. Cory v. CooperCalifornia Court of Appeal · 1931
  3. Crosby v. HungerfordSupreme Court of Iowa · 1882
  4. Craig v. FowlerSupreme Court of Iowa · 1882

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