HYNDS v. Wynn

• Decision Date: 07 June 1887
• Citation: 71 Iowa 593,33 N.W. 73
• Parties: HYNDS v. WYNN AND OTHERS.
• Court: Iowa Supreme Court

71 Iowa 593

33 N.W. 73

HYNDS

v.WYNN AND OTHERS.

Supreme Court of Iowa.

June 7, 1887.

Appeal from superior court of Cedar Rapids.

The plaintiff claims damages of the defendant for wrongfully detaining certain goods and chattels from his possession. He claims that said property consisted of certain household goods which were exempt from execution, and that he delivered the same to the defendant, the Chicago, Milwaukee & St. Paul Railroad Company, at Cedar Rapids, Iowa, to be shipped to Oskaloosa, in this state, and that, while in possession of the railroad company, a conspiracy was entered into between said company and the other defendants, by which the railroad company held said goods for some 16 days, to the great damage of the plaintiff. There was a trial by the court, and a judgment for the defendants. Plaintiff appeals.Geo. W. Wilson, for appellant.

Mills & Keeler, for appellees.

ROTHROCK, J.

The court, at the request of the parties, made the following findings of fact and conclusions of law: “ First. The defendant Geo. W. Wynn recovered a judgment, January 12, 1878, against plaintiff herein, before a justice of the peace in Linn county, Iowa. The defendant Wynn caused execution to issue on said judgment, and placed same in hands of the defendant herein, Jos. Renchin, as constable, who levied same by serving a notice of garnishment on the defendant herein the C., M. & St. P. Ry. Co., a supposed creditor of E. Hynds, and required the garnishee to answer on or before January 15, 1886. The notice of garnishment was in the usual form, and required garnishee to retain possession of all property of said defendant, now or hereafter being in your custody, or under your control, in order that the same may be dealt with according to law. The defendant Hynds was at the time a married man, and the head of a family, resident in Iowa, and owned these certain household goods mentioned in his petition, which were exempt from execution, and which are of the value of about $125, and which Hynds delivered to the defendant railway company about December 30, 1885, to be transported over its line to Oskaloosa, and then to be delivered to a connecting line en route to destination. The railroad company had knowledge of the character of the goods, but not of the fact that they were either claimed to be, or were in fact, at the time of shipment or notice of garnishment, exempt from execution. It does not appear that Renchin, the constable, nor the...