McIver v. Davenport

Supreme Court of Iowa

McIver v. Davenport

81 N.W. 585, 110 Iowa 740

CourtSupreme Court of Iowa

DecidedJanuary 23, 1900

StatusPublished

Cited by1 cases

This text of 81 N.W. 585 (McIver v. Davenport) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McIver v. Davenport, 81 N.W. 585, 110 Iowa 740 (iowa 1900).

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Opinion

Ladd, J.

The sworn notice of ownersip served on the defendant as sheriff making the levy. of the various writs of attachment omitted to state any consideration whatever for the chattel mortgage under which the plaintiff claimed. This was expressly required by section 3991 of the Code in order to'render the officer liable. See Code, section 3906; Crawford v. Nolan, 70 Iowa, 100; Linden v. Green, 81 Iowa, 366. Because of such defect the notice was properly excluded from the evidence, and the verdict rightly directed for the defendant.' — Affirmed.

Granger, C. J., not sitting.

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Ladd, J.

The sworn notice of ownersip served on the defendant as sheriff making the levy. of the various writs of attachment omitted to state any consideration whatever for the chattel mortgage under which the plaintiff claimed. This was expressly required by section 3991 of the Code in order to'render the officer liable. See Code, section 3906; Crawford v. Nolan, 70 Iowa, 100; Linden v. Green, 81 Iowa, 366. Because of such defect the notice was properly excluded from the evidence, and the verdict rightly directed for the defendant.' — Affirmed.

Granger, C. J., not sitting.

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81 N.W. 585, 110 Iowa 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mciver-v-davenport-iowa-1900.

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