Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 39

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...to determine "whether such imprisonment shall be at hard labor or not." Section 4741, among other things, provides that "no person shall be entitled to the benefit of the law providing for the liberation of poor convicts, if, in the opinion of the sheriff, the judgment may be satisfied by the labor" of the person imprisoned. Waiving any question as to the validity of this provision, professing to confer upon the sheriff the power to decide, whether or not a prisoner in his custody shall be entitled to liberation from imprisonment according to law, we think that, the sheriff having clearly shown by his answers, not only that in his opinion the judgment could not be satisfied by the labor of the prisoner, but facts also establishing the correctness of his opinion, appel lant was then clearly entitled to be discharged from custody, and the subsequent change in the opinion of the sheriff cannot, under the facts of the case, operate to deny the prisoner of this right. The order of the court below remanding the appellant will be Rnvnnsnn. J UDD v. Fnnousou. Appeal: FROM AN onmm IN crumnnns. Prior to the taking effect of the Code, an appeal was not allowed from the order of a judge, made in chambers. Tnxs is a suit in equity by the plaintifi', a member of the. firm of Judd, Stowe & Co., to enjoin the sale of a horse, alleged Bowman v. Davis. to be the property of the firm, which the defendant had seized _ and was about to sell under execution against J. M. Stowe, another member of the firm. An application for an injunction was made August '5, 1873, to Hon. Robert G. Reiniger, Circuit Judge of the twelfth udicial district, at his chambers, and was refused. The plaintiff appealed from the order refusing the...show more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236947320
  • 9781236947321