Peters v. Snavely-Ashton
Supreme Court of Iowa
Appeal from Johnson District Oourt. — Hon. E. P. Howell, Judge. In an attachment suit, the defendant filed a counterclaim on the bond for damages for wrongful suing out of the attachment. Plaintiffs demurred to the counterclaim on various grounds; the substance of the same being that it did not appear from the counterclaim that the defendant had suffered any damages. The demurrer was sustained. The defendant elected to stand upon her pleading, and has appealed. —
1Opinion of the CourtEvans, J.
— This case has been before us on a former appeal. 144 Iowa, 147. Eeference may be had to our opinion on the former appeal for many of the details.. i. Attachment: amendment*1 * amendment on retrial: change of The plaintiffs sued out a writ of attachment against the defendant, and caused the same to be served by garnishment of Eemley & Eemley, her attorneys. The garnishees had in their hands a certain fund of which belonged to the defendant as ■executrix or trustee of the estate of her deceased husband, M. F. Snavely. Upon motion in the district court, and upon a showing of the *272trust character…
2Cases cited2 opinions
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
- Sturman v. StoneSupreme Court of Iowa · 1870
3Cited by2 opinions
- Thielen v. SchechingerSupreme Court of Iowa · 1930
- Farmers National Bank of Webster City v. MankeSupreme Court of Iowa · 1993