Merrit v. Fisher
Supreme Court of Iowa
Appeal from, Jones District Court Landlord’s lien and attachment : construction of statute. — The questions made in this court arise upon the ruling of the District Court sustaining the defendant’s motion to dismiss the landlord’s attachments, and to order the return of the property thereon attached. It is necessary to set out the substance of the petition.
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Appeal from, Jones District Court Landlord’s lien and attachment : construction of statute. — The questions made in this court arise upon the ruling of the District Court sustaining the defendant’s motion to dismiss the landlord’s attachments, and to order the return of the property thereon attached. It is necessary to set out the substance of the petition. This alleges that, on the 3d day of March, 1864, the parties entered into a certain written contract, which is made part of the petition. By this instrument, %hich is at once an agreement and a lease, it appears that the plaintiff leased…
1Opinion of the CourtDillon, J.
Bordas» nu&chment. The statute (Rev., ch. 99), gives to the landlord “alien for his rent" upon designated personal property of the tenant. This lien is to be “effected,” that is enforced (Grant v. Whitwell, 9 Iowa, 152), “ by an action for the rent due, in which the landlord is entitled to a writ of attachment, upon filing an affidavit, that the action is commenced.to recover rent accrued within one year previous thereto, upon premises described in the affidavit.” Rev., § 2813. Ordinarily the goods of a debtor, in this State, can be attached, only when certain causes for an attachment exist,…
2Cases cited2 opinions
- Grant v. Whitwell, Marsh & TalbottSupreme Court of Iowa · 1859
- Valentine v. JacksonNew York Supreme Court · 1832
3Cited by14 opinions
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
- Garner v. CuttingSupreme Court of Iowa · 1871
- Lacey v. NewcombSupreme Court of Iowa · 1895
- Ladner v. BalsleySupreme Court of Iowa · 1897
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