Stacy v. Stichton & Co.
Supreme Court of Iowa
Appeal from Bes Moines District Court. Plaintiffs claim upon two promissory notes, one due and the other not, at the time of the commencement of the action. An attachment was prayed for and issued. On defendants’ motion the attachment was dissolved, and on the trial of the main action, judgment was rendered against plaintiffs for costs, and they now appeal. For the other facts see the opinion. cited Drake on Attach., section 108, et seq.
1Opinion of the CourtWright, C. J.
So much of the petition as asks the attachment, contains the averment, “said defendants are about to, or have disposed of their property in whole or in part with intent to defraud their creditors;” and as to the note not due, it is stated, “ that nothing but time is necessary or wanting to fix an absolute indebtedness on said nóte.” The motion was sustained, “because the facts or cause set forth for the attachment is in the alternative.”
The Code gives the party an attachment (as to debts due) when the defendant is about to dispose of his property, and also when he has disposed of his…
2Cited by11 opinions
- Federated Mutual Implement & Hardware Insurance v. EricksonSupreme Court of Iowa · 1961
- Bartz v. PaffWisconsin Supreme Court · 1897
- Shalla v. ShallaSupreme Court of Iowa · 1946
- Brenton Bros. & Leach v. HillSupreme Court of Iowa · 1924
- Powesheik County v. MickelSupreme Court of Iowa · 1859
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