Supreme Court of Iowa, 1900

McIver v. Davenport

McIver v. Davenport
Supreme Court of Iowa · Decided January 23, 1900 · Granger, Ladd
110 Iowa 740; 81 N.W. 585
McIver v. Davenport

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

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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