Moses v. Arnold
Supreme Court of Iowa
Appeal from, Jasper District Court. This is a suit in attachment. The defendant moved to discharge the attachment on the ground that the causes of action alleged in the petition are not founded upon contract, and the petition was not presented to, and the attachment allowed by, any judge of the Supreme, District or Circuit Court. The court overruled the motion, and from the order overruling it the defendants appeal.
1Opinion of the CourtAdams, J.
The first count in the petition is in the following words: “That on or about the 1st day of April, 1875, the said defendants took and appropriated to their own use one hundred and twenty-five bushels of wheat of the value of $93.75 of the property of your petitioner, and that no part of the same has been paid for, and that there is now due your petitioner the said sum of $93.75, for said wheat so taken and appropriated by said defendants.”
The petition sets up two other causes of action, both of which are founded upon contract.
It is claimed by the plaintiff and appellee that, notwith*188standing…
2Cases cited5 opinions
- Watson v. SteverMichigan Supreme Court · 1872
- Fuller v. DurenSupreme Court of Alabama · 1860
- Willet v. WilletSupreme Court of Pennsylvania · 1834
- Stearns v. DillinghamSupreme Court of Vermont · 1850
- Floyd v. WileySupreme Court of Missouri · 1824
3Cited by4 opinions
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Bever v. SweckerSupreme Court of Iowa · 1908
- Sandeen v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Tabor v. Big Pittsburg Consolidated Silver Mining Co.U.S. Circuit Court for the District of Colorado · 1883