Pomroy & Co. v. Parmlee
Supreme Court of Iowa
Appeal from Scott District Court. This case was before this court at the last term — 9 Iowa 140. Certain property was attached, as belonging to defendant. He moved to discharge it because of the circumstances under which the levy was made by the sheriff. To sustain his motion he introduced several ecr parte affidavits, and in opposition to it, like affidavits were introduced by plaintiff.
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Appeal from Scott District Court. This case was before this court at the last term — 9 Iowa 140. Certain property was attached, as belonging to defendant. He moved to discharge it because of the circumstances under which the levy was made by the sheriff. To sustain his motion he introduced several ecr parte affidavits, and in opposition to it, like affidavits were introduced by plaintiff. The motion was overruled in the District Court, and that ruling was reversed in this, it being held from the showing made that the levy was illegal and could not hold the property. A procedendo issued…
1Opinion of the CourtWright, C. J.
The parties submitted the motion originally made to discharge the property, upon ex parte affidavits upon such a showing as they severally supposed to be sufficient to sustain their respective positions. The District Court held that this showing was not sufficient; this court held that it was. When this ruling was made, the motion being in effect and in fact sustained, there being no order or provisions given to present further affidavits, and no such order asked, it seems to us that as to this fact of the case, there remained but one thing to do by the court below, and that was to order a…
2Cited by3 opinions
- Landis v. Interurban Railway Co.Supreme Court of Iowa · 1915
- McNiel v. District CourtSupreme Court of Iowa · 1916
- Lord v. EllisSupreme Court of Iowa · 1860