Johnson County Savings Bank v. Carroll
Supreme Court of Iowa
Appeal from Johnson District Court. — How. M. J. Wade, Judge. Action commenced at law against Moreau Carroll, aided by attachment, to recover the amount due on a promissory note. The writ of attachment was levied upon premises in Iowa City which were occupied by the family of Carroll as a home. Notice of the action and of the issuing of the attachment was served on Carroll. by publication.
Read the full summary
Appeal from Johnson District Court. — How. M. J. Wade, Judge. Action commenced at law against Moreau Carroll, aided by attachment, to recover the amount due on a promissory note. The writ of attachment was levied upon premises in Iowa City which were occupied by the family of Carroll as a home. Notice of the action and of the issuing of the attachment was served on Carroll. by publication. He failed to appear, default was entered against him, and judgment was rendered in favor of the plaintiff for four thousand twenty-six dollars and sixteen cents, attorney’s fees, and costs, and an order was…
1DissentRobinson, C. J.
The supplemental opinion of the majority is so far based upon conclusions of law which seem to me to be erroneous that I am constrained to dissent therefrom, and to indicate objections, heretofore unexpressed, to conclusions of facts. The decision of the trial court established in favor of the plaintiff a lien for the money which it had actually paid for Moreau Carroll to complete the purchase of the property in controversy. *577The decision of the majority gives to the defendant property for which neither she nor her husband ever paid, and holds it exempt from liability for the purchase price…
2Cases cited18 opinions
- Lee v. MurphyCalifornia Supreme Court · 1897
- Austin v. UnderwoodIllinois Supreme Court · 1865
- Nichols v. OverackerSupreme Court of Kansas · 1876
- Magee v. MageeIllinois Supreme Court · 1869
- Pelan v. De BevardSupreme Court of Iowa · 1862
13 more not listed; retrieve them via the Exa API.