Patterson v. Stiles
Supreme Court of Iowa
Appeal from the Johnson District Court. In an action against Eranklin and. Frederic Stiles, on a joint promissory note, made by them, tbe plaintiffs asked a writ of attachment' against the separate property of Eranklin Stiles, alleging, as cause why the writ should issue, that the said “ Franklin had disposed of his property, with intent to defraud his creditors.”
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Appeal from the Johnson District Court. In an action against Eranklin and. Frederic Stiles, on a joint promissory note, made by them, tbe plaintiffs asked a writ of attachment' against the separate property of Eranklin Stiles, alleging, as cause why the writ should issue, that the said “ Franklin had disposed of his property, with intent to defraud his creditors.” The writ was issued, and levied on the property of the said Franklin Stiles, who appeared and moved the court to quash the writ for the reasons: 1. That the writ does not follow the action in this: that the cause of action is joint,…
1Opinion of the Court
Stockton. J".
— The only question is, whether the district court properly overruled the motion. The appellants have cited us to the case of Currier v. Cleghorn, 3 G. Greene, 523, in which, as they claim, the question has been determined by this court. That was a suit against partners, on a promissory note, made by the firm. The cause alleged for the writ of attachment, applied to one of the defendants only; the writ was asked against his separate estate, and was issued and levied accordingly. The court held, that as it was not shown that the other member of the firm was insolvent, nor that the…
2Cases cited1 opinion
- Danforth, Davis & Co. v. CarterSupreme Court of Iowa · 1855
3Cited by6 opinions
- Smith, Twogood & Co. v. Coopers & ClarkeSupreme Court of Iowa · 1859
- State v. WilsonSupreme Court of Iowa · 1859
- W. H. Austin & Co. v. BurgettSupreme Court of Iowa · 1860
- Kurtz v. Taylor-KurtzSupreme Court of Iowa · 1940
- Chase v. WrightSupreme Court of Iowa · 1902
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