Boot v. Gay
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. The defendant, as sheriff, under two writs of attachment, levied on the property in controversy, consisting of two horses, a one-seated top buggy and a buffalo robe, and the plaintiff seeks in this action to recover said property, on the ground that it was exempt from execution. Trial to the court, judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtSeevers, J.
l. practice coSt'fjwtreama^sC jury. I. The principal error relied on is that the judgment is contrary to the evidence. The finding of the cota't stands and has the effect of a verdict, and it cannot be disturbed unless there is such a want of evidence to support it as to raise the presumption of a prejudiced and dishonest exercise of dis*400cretion. Vogel v. Wadsworth, 48 Iowa, 28. Counsel say that this case was decided under the Revision, and that such is not the law under the Code. This is a mistake. The case cited was decided under the Code, and has been followed in many other cases.
The wife…
2Cases cited2 opinions
- Bevan v. HaydenSupreme Court of Iowa · 1862
- Vogel & Bro. v. WadsworthSupreme Court of Iowa · 1878
3Cited by5 opinions
- Lames v. ArmstrongSupreme Court of Iowa · 1913
- Wertz v. HaleSupreme Court of Iowa · 1930
- Consolidated Tank-Line Co. v. HuntSupreme Court of Iowa · 1891
- Krebs v. NicholsonSupreme Court of Iowa · 1902
- In Re Estate of HainesSupreme Court of Iowa · 1944