Legal Opinion

Reardon v. Henry

Supreme Court of Iowa

Decided February 4, 1891PublishedCited by 3 opinions

Certiorari to Decatur District Court. — How. R. CL I-Ienby, Judge. Cebtiobabi to Decatur district court .to -review the-legality of tlie action of that court in a proceeding-against this petitioner for contempt.

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Certiorari to Decatur District Court. — How. R. CL I-Ienby, Judge. Cebtiobabi to Decatur district court .to -review the-legality of tlie action of that court in a proceeding-against this petitioner for contempt. Proceedings were had in that court, under sections 3135 to 3149 of the Code, auxiliary to execution, in the case of D. M. Osburn v. Thomas Reardon, wherein it was decreed that Osburn was entitled to have Ms judgment against Thomas Reardon satisfied out of certain chattel property described, and the sheriff was appointed receiver to take charge of a sufficient amount of the property…

1Opinion of the Court

Giveít, J.

I. Many of the questions discussed were involved in the former appeal, and will not be i. suppiránw-Sel?' enforcement. aSain considered. The controlling question now before us is whether the learned judge exceeded his jurisdiction, or otherwise acted illegally, in finding this plaintiff guilty of contempt.

Proceedings auxiliary to execution as provided in the statute are extraordinary, and are only to be resorted to when the ordinary processes of the law are not adequate. The purpose of that proceeding is .rather for the discovery of property than for applying that which is already…

2Cases cited1 opinion

  1. Smith v. WeeksWisconsin Supreme Court · 1884

3Cited by3 opinions

  1. Wilson v. HarrisMontana Supreme Court · 1898
  2. Lehigh Sewer Pipe & Tile Co. v. GjellefaldSupreme Court of Iowa · 1928
  3. Bennett v. Valley Mining Co.Supreme Court of Iowa · 1909

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