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KLAES v. SCHOLL

No. 86-983.

412 N.W.2d 178 (1987)

James P. KLAES, Appellant, v. Harvey D. SCHOLL, Appellee. Harvey D. SCHOLL, Plaintiff, v. The CITY OF CLINTON, Iowa; James P. Klaes; David Speakman; and Thomas Hansen, Defendants.

Supreme Court of Iowa.

September 23, 1987.

Attorney(s) appearing for the Case

James D. Bruhn of Shaff & Farwell, Clinton, for appellant.

Harold J. DeLange II of Wehr & DeLange, Davenport, and Kent A. Simmons of Liebbe & Simmons, Davenport, for appellee.

Considered by REYNOLDSON, C.J., and McGIVERIN, LARSON, SCHULTZ, and LAVORATO, JJ.

LARSON, Justice.

James P. Klaes obtained a $16,000 judgment against Harvey D. Scholl for an alleged assault and battery. Scholl appealed the judgment, but while the case was on appeal, Klaes levied on Scholl's truck-tractor, and it was sold at sheriff's sale. The judgment was reversed and the case remanded. Klaes v. Scholl, 375 N.W.2d 671 (Iowa 1985). After the reversal, Scholl sought reimbursement for the truck which had...

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