Davis v. Milburn
Supreme Court of Iowa
Appeal from the Van Burén District Court. The complainants filed their bill in chancery, praying an injunction to stay proceedings on a judgment, in the name of Milburn, against complainants, rendered October 29th,. 1853, for $3,500, in Jefferson county.
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Appeal from the Van Burén District Court. The complainants filed their bill in chancery, praying an injunction to stay proceedings on a judgment, in the name of Milburn, against complainants, rendered October 29th,. 1853, for $3,500, in Jefferson county. The suit in which judgment was rendered, was brought upon an attachment bond, executed by Davis," in favor of Milburn, in which Shepperd and "Wayne were sureties, and the damages received on the bond, were for the wrongful suing out the attachment by Davis, and levying on the property of Mil-burn. The petition alleges, that the sum of $2,524,…
1Opinion of the Court
Stockton, J.(1)
Tbe complainants allege, as tbe ground *166of their claim for set-off against the defendant Milburn, that he is insolvent; that Davis, one of the complainants, and the principal in the judgment sought to be enjoined, has large claims against him unpaid and unsatisfied, on which he has commenced suit, claiming to recover a large amount; that the suit is undetermined, but will be for trial at the next term of the District Court of Yan Burén county; and complainants pray that when such judgments may be obtained by said Davis, he may be allowed to set • off so much of the same as may…
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