W. H. Austin & Co. v. Burgett
Supreme Court of Iowa
Appeal from Lee District Court. This suit was commenced on the 1st day of February, 1858, against Henry Burgett and Jacob Miller, “ composing the firm of H. Burgett & Co,” on a draft drawn by said firm against themselves, and in favor of the plaintiff. The petition also prayed for an attachment, which was issued and levied upon the individual property of Miller, tvho subsequently released it by the execution of a delivery bond.
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Appeal from Lee District Court. This suit was commenced on the 1st day of February, 1858, against Henry Burgett and Jacob Miller, “ composing the firm of H. Burgett & Co,” on a draft drawn by said firm against themselves, and in favor of the plaintiff. The petition also prayed for an attachment, which was issued and levied upon the individual property of Miller, tvho subsequently released it by the execution of a delivery bond. On the 8th of February, 1859, the death of Miller, was suggested; in June following the surviving defendant moved to dissolve the attachment. The motion was overruled…
1Opinion of the CourtLowe, C. J.
Two points claim the consideration of the court, in this case. The first relates to the supposed error of the court below in not quashing the attachment for the reasons assigned in the motion filed for that purpose. There were two reasons chiefly relied upon in support of the motion to dissolve; first, that the allegations in the petition were insufficient to authorize and sustain the attachment; second, that the individual property of defendant, Miller, only, was attached, and he had departed this life since the commencement of the action.
*304Upon, inspecting tbe petition it is difficult to…
2Cases cited2 opinions
- Chittenden & Co. v. HobbsSupreme Court of Iowa · 1859
- Patterson v. StilesSupreme Court of Iowa · 1858
3Cited by7 opinions
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Ferguson v. GlidewellSupreme Court of Arkansas · 1886
- Garretson v. ReederSupreme Court of Iowa · 1867
- Passow & Sons v. United States Fidelity & Guaranty Co.California Supreme Court · 1917
- Moffitt v. GarrettSupreme Court of Oklahoma · 1909
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