Vorse v. Phillips
Supreme Court of Iowa
Appeal from Polk Cvrcwit Court. Friday, October 24. This suit is brought upon two promissory notes made hy the defendant for $448.19, and interest thereon at ten per cent from October 14, 1871. At the commencement of the action plaintiff sued out a writ of attachment against the property of the defendant. The answer of the defendant admits the making of the notes, and that the amount claimed thereon is due.
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Appeal from Polk Cvrcwit Court. Friday, October 24. This suit is brought upon two promissory notes made hy the defendant for $448.19, and interest thereon at ten per cent from October 14, 1871. At the commencement of the action plaintiff sued out a writ of attachment against the property of the defendant. The answer of the defendant admits the making of the notes, and that the amount claimed thereon is due. He pleads hy way of counter-claim that he has sustained damages for the wrongful and malicious suing out of the writ of attachment, and also for an alleged malicious prosecution of the…
1Opinion of the CourtMiller, J.
i attachment: wrong/uisuing out- — I. On the trial the plaintiff’s counsel offered to introduce in evidence a conversation between plaintiff and defendant which occurred after the writ of attachment had been procured by plaintiff, in which the defendant made certain admissions in regard to some of the property attached, which the court excluded and held that admissions made by the defendant after plaintiff -had made his affidavit for the attachment, were not admissible, that the plaintiff “ swears upon information he then has, and he must stand or fall by it.” This ruling is the first error…
2Cited by15 opinions
- Seattle Crockery Co. v. HaleyWashington Supreme Court · 1893
- Constantine v. RowlandSupreme Court of Iowa · 1910
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Lyman v. LauderbaughSupreme Court of Iowa · 1888
- Damron v. Sweetser, Caldwell & Co.Appellate Court of Illinois · 1885
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