Danforth v. Rupert
Supreme Court of Iowa
Appeal from Dubuque District Court. Action against Benjamin Rupert and tlie sureties of his official bond, to recover moneys paid to him as Clerk of the District Court of Dubuque County. On the 2nd day of March, 1855, an attachment was sued out by Danforth, Davis & Co., against the property of Carter and May. Goods to the value of $1103.82, were attached.
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Appeal from Dubuque District Court. Action against Benjamin Rupert and tlie sureties of his official bond, to recover moneys paid to him as Clerk of the District Court of Dubuque County. On the 2nd day of March, 1855, an attachment was sued out by Danforth, Davis & Co., against the property of Carter and May. Goods to the value of $1103.82, were attached. A portion of the property being perishable, it was sold by the sheriff, and the proceeds amounting to $404.60, were paid to the defendant as clerk. On the 2nd day of June, in the same year, the District Court sustained defendants motion to…
1Opinion of the CourtBaldwin, J.
The plaintiffs by their action seek to recover of defendant, Rupert, for money paid over by him, as clerk of the District Court, to the attorney of Carter & May, which had been deposited with him as such officer, under the provisions of sections 1881-82 of the Code of 1851. The character of plaintiffs’ claim may be more fully ascertained by reference to that portion of the opinion of this court, in the case of Danforth, Davis & Co. v. Carter & May, 4 Iowa 237, which relates to the effect of the dissolution of the attachment in said cause. The facts agreed upon by the parties and the evidence…
2Cases cited1 opinion
- Danforth, Davis & Co. v. CarterSupreme Court of Iowa · 1856
3Cited by4 opinions
- Nichols v. IngramOregon Supreme Court · 1915
- Erickson v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1895
- Puff v. HuchterCourt of Appeals of Kentucky · 1879
- Bank of Lind v. CossWashington Supreme Court · 1915