Murray v. Thiessen
Supreme Court of Iowa
Appeal from Benton District Court. — How. G. W. Burn-ham, Judge. Action against defendant as sheriff, to recover possession of certain cattle alleged to belong to plaintiff, but seized by defendant under writ of execution against one William Murray. Defendant claims that notice of plaintiff’s ownership was not given him as required by law.
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Appeal from Benton District Court. — How. G. W. Burn-ham, Judge. Action against defendant as sheriff, to recover possession of certain cattle alleged to belong to plaintiff, but seized by defendant under writ of execution against one William Murray. Defendant claims that notice of plaintiff’s ownership was not given him as required by law. The notice offered in evidence by plaintiff having been excluded on defendant’s objection, the court, on motion, directed the jury to return a verdict for defendant. Plaintiff appeals.
1Opinion of the CourtMcClain, J.
*6591 2 3 *6604 *658-Appellant offered in the lower court to-show that defendant actually took an indemnifying bond *659from the execution plaintiff, and insists now that he should have been allowed to prove the taking of such bond, and that such bond would have rendered the notice of ownership, whether sufficient or not, immaterial, and relies on Whitney v. Gammon, 103 Iowa, 363; Waterhouse v. Black, 87 Iowa, 317. The difficulty is that the indemnifying bond was not admissible under the issues. In the petition it was alleged that notice of ownership had been given. When plaintiff sought to prove this…
2Cases cited6 opinions
- Waterhouse v. BlackSupreme Court of Iowa · 1893
- Turner v. YounkerSupreme Court of Iowa · 1888
- Bradley v. MillerSupreme Court of Iowa · 1896
- Whitney v. GammonSupreme Court of Iowa · 1897
- Peterman v. JonesSupreme Court of Iowa · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Bank v. BrownSupreme Court of Iowa · 1909
- Donnelly v. MitchellSupreme Court of Iowa · 1903
- Aber v. TwichellNorth Dakota Supreme Court · 1908
- American Soda Fountain Co. v. Dean Drug Co.Supreme Court of Iowa · 1907
- Frazier v. HillSupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.