Warder, Mitchell & Co. v. Thrilkeld
Supreme Court of Iowa
Appeal from Jasper Circuit Court. Action at law. An attachment was issued j tbe petition, as cause therefor, alleging that the defendant is about to remove bis property out of the State without leaving sufficient remaining for the payment of his debts.
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Appeal from Jasper Circuit Court. Action at law. An attachment was issued j tbe petition, as cause therefor, alleging that the defendant is about to remove bis property out of the State without leaving sufficient remaining for the payment of his debts. The answer alleges that tbe property, a team of liorses, wagon and harness, is exempt from seizure for the reason that defendant, as a farmer, habitually earned liis living by the use thereof; it also alleges plaintiff had no reasonable or probable cause to believe the matters alleged*as the ground of the attachment, and they were in fact not…
1Opinion of the Court
Beck, Ch. J.
I. Upon the trial of the cause the defendant introduced evidence tending to show that the property attached was his only team, with which he, as a farmer, habitually earned his living; that he was the head of a family, and that the removal of his property, which was the ground of attachment, was but temporary, the team and wagon being used to .enable him to make a journey from which he expected to return to his family in four or live months.
• The court instructed the jury that if the defendant was about to remove his'property out of the State without leaving sufficient remaining…
2Cases cited1 opinion
- Mingus v. McLeodSupreme Court of Iowa · 1868
3Cited by1 opinion
- Clinch River Mineral Co. v. HarrisonSupreme Court of Virginia · 1895