RYAN v. IOWA DIST. CT. FOR WINNESHIEK CTY.

No. 67828.

329 N.W.2d 658 (1983)

Randy J. RYAN, Plaintiff, v. The IOWA DISTRICT COURT FOR WINNESHIEK COUNTY, Defendant.

Supreme Court of Iowa.

February 16, 1983.


Attorney(s) appearing for the Case

Harry T. Watts and James M. Peters of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for plaintiff.

Terry J. Abernathy of Pickens, Barnes & Abernathy, Cedar Rapids, for defendant.

Considered by LeGRAND, P.J., and McCORMICK, McGIVERIN, LARSON, and SCHULTZ, JJ.


McCORMICK, Justice.

The question here is whether a court can enter a judgment in a replevin action against a person who is not a party to the action. We hold that a court cannot do so. Because the district court did so in this case, we sustain plaintiff's certiorari challenge to the order purporting to bind him to the judgment.

Plaintiff Randy J. Ryan was at all material times in possession of a 1981 Chevrolet Caprice automobile which was sought by General...

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