Wadsworth v. Cheeny
Supreme Court of Iowa
Appeal from Ploy d District Court. Plaintiffs claim upon an account for goods sold and delivered. An attachment was issued, upon the ground, as stated in the petition, that defendants had disposed of their property and were about to dispose of their property with intent to defraud their creditors. The action was commenced in December, 1857, and is for a debt due.
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Appeal from Ploy d District Court. Plaintiffs claim upon an account for goods sold and delivered. An attachment was issued, upon the ground, as stated in the petition, that defendants had disposed of their property and were about to dispose of their property with intent to defraud their creditors. The action was commenced in December, 1857, and is for a debt due. In July, 1859, the defendants’ motion to quash the atachment was overruled, and their demurrer to the petition sustained. An amended petition was filed, in all respects like the original, except that a bill of particulars was…
1Opinion of the CourtWeight, C. J.
We shall confine ourselves in the examination of this case to the proceedings subsequent to the rendition of the verdict. And on doing so, we shall not determine whether plaintiffs had a right to file the second amended petition for we are clearly of the opinion, that if there was no irregularity in permitting such amendment, there was at least error, in overruling the motion to quash and the demurrer to the petition.
It will be observed that it was almost two years from the time the action was commenced, before this amendment was made. The averment in either the first or second amended…
2Cited by4 opinions
- Pierce v. MyersSupreme Court of Kansas · 1882
- Augir v. ForesmanWashington Supreme Court · 1900
- Bundy v. McKeeSupreme Court of Iowa · 1870
- Citizens National Bank of Des Moines v. ConverseSupreme Court of Iowa · 1898