81 Iowa 235 | Iowa | 1890
It appears from the return on the writ of replevin that it was served by a constable. The defendants by motion demanded an order for the return of the notes to them, because the writ was not served by the sheriff. The motion was overruled. We do not discover any error in this ruling. The writ had been properly served, and it does not appear to us to be a material question whether it was served by a sheriff or by a constable.
We have thus disposed of all the questions in the case without a review of the charge of the court to the jury. There is really no conflict in the evidence The cause turns upon the law applicable to undisputed facts, and it is not necessary to discuss questions raised as to the correctness of the instructions. The judgment of the district court will be affirmed. '