
    Burdick v. Shigley.
    Execution: justice oe the peace. Execution properly signed, in the following form, on a judgment of a justice of the peace: . “ Jackson county, ss: To any constable of said county greeting: In the name of the State of Iowa. You are hereby commanded to levy of the goods and chattels of A. G. Burdick, excepting such good and chattels as are bylaw exempt from execution, fifty-two dollars and forty-seven cents, which R. G. Gardner lately before me, the undersigned, a justice of the peace of said county, recovered July 22,1868, against him for damages and costs, and bring the money before me at my office in the town of South Fork in thirty days from the date hereof, to render to said plaintiff, and garnishee whom plaintiff directs. Given under my hand at the town aforesaid the 24th of July, 1868. Debt, $51.47. Costs, $1.50. Judgment, $52.97 —including execution." Meld, in an action of replevin, wherein the officer justified the taking under said writ, that it was not defective on the ground that it did not intelligibly refer to the judgment, stating the time and place at which it was rendered as required by law, nor state the parties, the amount recovered and to be collected, nor that the venue was within the State of Iowa.
    
      Appeal from Jackson District Court.
    
    Saturday, October 22.
    This was an action of replevin, originally brought before a. justice of the peace. Tbe plaintiff there recovered. The defendant prosecuted a writ of error to the district court from certain rulings of the justice during the trial. The district court held there was no error committed by the justice, and affirmed his rulings. From this judgment the defendant appeals to this court. The further facts are stated in the opinion.
    
      Gharries Rich for the appellant.
    
      F. Amos for the appellee.
   Cole, Ch. J.

The plaintiff, by an amended petition, averred bis ownership of tbe property replevied and in controversy, by purchase from one A. G. Burdick. Tbe defendant in bis answer thereto -averred that tbe alleged contract of purchase was made for tbe purpose of cheating tbe creditors of A. Gr. Burdick, and was fraudulent; that defendant'was a constable, and as such bad seized tbe property under an execution against said A. Gr. Burdick, of which tbe following is a copy: Jackson county, ss: To any constable of said county greeting: In tbe name of tbe State of Iowa. You are commanded to levy of tbe goods and chattels of A. Gr. Burdick, excepting such goods and chattels as are by law exempt from execution, fifty-two dollars and forty-seven cents, which R. G. Gardner lately before me, tbe undersigned, a justice of tbe peace of said county, recovered July 22, 1868, against him for damages and costs, and bring tbe money before me at my office in the town of South Fork in thirty days from tbe date hereof, to render to said plaintiff, and garnishee whom plaintiff directs. Given under my band at tbe town aforesaid, tbe 24th day of July, 1868. Debt, $51.47. Costs, $1.50. Judgment, $52.97, including execution.

F. Wilbur, Justice of the Peace P

This answer was demurred to on tbe ground that tbe execution set forth therein was illegal, invalid and void, for tbe reasons that it did not intelligibly refer to tbe judgment, stating tbe time and place at which it was rendered as required by Revision, section 8251; it does not state tbe parties to tbe action and judgment; nor tbe amount, nor tbe amount still to be collected; nor does it show the venue within tbe State of Iowa. This demurrer tbe justice sustained; tbe defendant stood by bis answer, and judgment was rendered against him. - Tbe sustaining of this demurrer is one of tbe errors complained-of.

It was error to sustain it. When construed in tbe light of a “ common understanding,” and especially by tbe liberality indulged toward proceedings before justices of tbe peace, tbe execution does state tbe time and place, to wit: “ before me,” July 22, 1868,” “ at my office in tbe town of South Fork;” it does state the parties to tbe action and tbe judgment, to wit: R. G. Gardner recovered against him, A. G. Burdick; it does state tbe amount of tbe judgment, and closes up with a statement of tbe amount of tbe debt and costs, as tbe amount still to be collected ; it shows tbe venue to be in Jackson county, and tbe execution runs in tbe name of the State of Iowa. This is sufficient. Vide Dean v. Goddard et al., 13 Iowa, 292; Cooley v. Brayton, 16 id. 10, and authorities cited in both cases.

It is not necessary to notice tbe other errors complained. None of them are likely to occur in a subsequent trial.

Reversed.  