Legal Opinion

Perkins v. Lyons

Supreme Court of Iowa

Decided April 14, 1900PublishedCited by 8 opinions

Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. . 1 On the fourteenth, day of September, 1896, tbis action was brought by the plaintiff against the defendants D. B-Lyons and W. F. Stotts upon certain notes. It was aided by attachment, and a levy was made upon stock issued to D. B. Lyons by the New England Syndicate and the. Vermont Syndicate; both corporations organized under the laws of this state, with their principal place of business in Des Moines.

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Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. . 1 On the fourteenth, day of September, 1896, tbis action was brought by the plaintiff against the defendants D. B-Lyons and W. F. Stotts upon certain notes. It was aided by attachment, and a levy was made upon stock issued to D. B. Lyons by the New England Syndicate and the. Vermont Syndicate; both corporations organized under the laws of this state, with their principal place of business in Des Moines. The defendants Lyons and Stotts ale in default.. The Brattleboro Savings Bank intervened. setting up the facts: That in August,…

1Opinion of the CourtSherwin, J.

In addition to the issues set forth in the foregoing statement of the case, the intervener charged the plaintiff with actual knowledge of the transfer of the stock to it long before the commencement of this action, and. charged that the attachment was issued and levied by agreement, collusion, and conspiracy entered into between the plainitiff and Mr. Lyons with the intent to steal away the intervener’s stock.

*1962 *195I. The appellee;s first contention is that the suit and writ of attachment were “devised” and “contrived” by the plaintiff and D. B. Lyons with the fraudulent intent and purpose to…

2Cases cited11 opinions

  1. Bartruff v. RemeySupreme Court of Iowa · 1863
  2. Moore v. Marshalltown Opera-House Co.Supreme Court of Iowa · 1890
  3. State ex rel. Attorney General v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1878
  4. Colt v. IvesSupreme Court of Connecticut · 1862
  5. Polk County v. HierbSupreme Court of Iowa · 1873

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Dooley v. Gladiator Consolidated Gold Mines & Milling Co.Supreme Court of Iowa · 1906
  2. Dunahoo v. HuberSupreme Court of Iowa · 1919
  3. Iowa-Missouri Grain Co. v. PowersSupreme Court of Iowa · 1923
  4. National City Bank v. Fairbank State BankSupreme Court of Iowa · 1916
  5. Maloney v. StorjohannSupreme Court of Iowa · 1928

3 more not listed; retrieve them via the Exa API.

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