Pittman v. Searcey
Supreme Court of Iowa
Appeal from the Lucas District Court. Suit upon a promissory note, commenced by attachment. As a ground for the attachment, the petition alleged, that the defendants were about, in some manner, to dispose of, or move their property out of the state, without leaving sufficient remaining for the payment of their debts.
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Appeal from the Lucas District Court. Suit upon a promissory note, commenced by attachment. As a ground for the attachment, the petition alleged, that the defendants were about, in some manner, to dispose of, or move their property out of the state, without leaving sufficient remaining for the payment of their debts. The defendants, “ for the purpose of appearing ■ to the attachment-branch of this case, and for no other purpose,” moved that the attachment be quashed, for the following reasons: 1. The petition does not state in what manner said defendants are about to dispose of their…
1Opinion of the Court
"Woodward, J.
It does not appear for which of the three causes assigned, the court sustained the motion, 'or wlieth er for all. The attachment was prayed under section 1848 of the Code, and the petition and affidavit allege, that the defend-' ants were, in some manner, about to dispose of or remove their property out of the state, without leaving sufficient remaining for the payment of their debts, which are the words of the statute.
The above section mentions several classes of causes for the issuing of an attachment. A portion of them depend upon an intent, and a portion are not thus…
2Cases cited1 opinion
- Bowen v. GilkisonSupreme Court of Iowa · 1859
3Cited by1 opinion
- Chittenden & Co. v. HobbsSupreme Court of Iowa · 1859