Rabb v. Albright
Supreme Court of Iowa
Appeal from Des Moines District Court. — How. James D. Smythe, Judge. Action for rent, aided by a landlord’s attachment.
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Appeal from Des Moines District Court. — How. James D. Smythe, Judge. Action for rent, aided by a landlord’s attachment. Subsequently the plaintiff filed a supplemental petition alleging that after the issuing of the attachment, and the seizure of property thereunder, the defendant had made an assignment for the benefit of his erditors, and in some way was, disposing of and removing the goods from the premises, not in the usual course of business, and asked that a receiver be appointed to take charge of the property, and that an injunction issue, restraining the removal of goods from the…
1Opinion of the Court
Granger, G. J.
I. Appellant contends that the court erred in transferring the cause to the equity docket for trial. Appellee cites the case of Bank v. Delahaye, 82 Iowa, 39, 47 N. W. Rep. 999, in support of the ruling of the court. In that case the plaintiff brought its action at law on a promissory note, and aided it by attachment, after which the plaintiff filed a supple mental petition in equity, which the court, on motion of defendant and intervener, struck from the files, and a continuance being denied plaintiff, it joined in the trial of issues at law; and we held that in so doing it…
2Cases cited2 opinions
- Jones v. GravesSupreme Court of Iowa · 1866
- National State Bank v. Delahaye & PurdySupreme Court of Iowa · 1891
3Cited by5 opinions
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Missildine v. BrightmanSupreme Court of Iowa · 1944
- Paine v. MuellerSupreme Court of Iowa · 1911
- State Savings Bank v. MillerSupreme Court of Iowa · 1910
- Lynch v. SchemmelSupreme Court of Iowa · 1916