Mason v. Rice
Supreme Court of Iowa
Appeal from Pollc CirouAt Court. This suit was instituted by plaintiff on four promissory notes, and it was alleged in the petition “ that defendants have disjiosed of their property with intent to defraud their creditors, and that the debt evidenced by said notes is due for property obtained under false pretenses,” and the prayer is for judgment against the defendants for the amount of said notes, and that a writ of attachment issue against the property of defendants.
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Appeal from Pollc CirouAt Court. This suit was instituted by plaintiff on four promissory notes, and it was alleged in the petition “ that defendants have disjiosed of their property with intent to defraud their creditors, and that the debt evidenced by said notes is due for property obtained under false pretenses,” and the prayer is for judgment against the defendants for the amount of said notes, and that a writ of attachment issue against the property of defendants. Plaintiff filed a bond, with sureties, which recites that he is about to commence an action by attachment against I. N. Rice…
1Opinion of the CourtReed, J.
The holding of the circuit court, in effect, was that, as the writ of attachment only empowered the sheriff to levy on the property of I. N. Rice & Co., and as the condition of the attachment bond was that plaintiff would pay such damages as that firm might sustain by reason of the wrongful suing out of the writ, defendant did not have a right of action on the bond for the damages sustained by him in consequence of the seizure under the writ of his individual property. This holding is right. The object of the statute in requiring a bond to be given is to afford security to the person whose…
2Cited by4 opinions
- Brumwell & Co. v. Stebbins Bros.Supreme Court of Iowa · 1891
- Lansing v. Bever Land Co.Supreme Court of Iowa · 1912
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
- Dickinson v. AtheySupreme Court of Iowa · 1895