Farmers' & Merchants' Bank v. Wells & Potter
Supreme Court of Iowa
Appeal from Buchanan District Court. — H. B. Boies, Judge. Action on certain promissory notes, aided by issuance and levy of writ of attachment. Memorandum of filing of bond was not entered in appearance docket, and on that ground intervener prayed in his petition that the attachment be dissolved, and moved that the levy thereof be discharged. On hearing, the court dismissed the petition of intervention, and overruled the motion to discharge the levy. The intervener appeals.
1Opinion of the CourtLadd, J.
The plaintiff sued on two notes for $1,120 each, and caused a writ of attachment to he issued and levied on certain personal property, mostly creamery fixtures and machinery. Thereafter, intervener, in an action commenced August 6, 1919, against the same defendants, caused a writ of attachment to he issued and levied on the same property. By petition of intervention, as well as motion to discharge, intervener prayed that the writ issued in plaintiff’s suit be dissolved, and the levy discharged. It appears that a bond, in amount and sureties qualified as required' by statute, was presented to…
2Cases cited6 opinions
- Johnson v. BerdoSupreme Court of Iowa · 1906
- Byington v. MooreSupreme Court of Iowa · 1883
- State v. CraigSupreme Court of Iowa · 1889
- Royer v. FosterSupreme Court of Iowa · 1883
- Simmons v. SimmonsSupreme Court of Iowa · 1894
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3Cited by3 opinions
- Wilson v. WrightSupreme Court of Iowa · 1971
- Educational Film Exchanges, Inc. v. ThornburgSupreme Court of Iowa · 1933
- Wilson v. WrightSupreme Court of Iowa · 1971