Raver v. Webster
Supreme Court of Iowa
Appeal from the Jones District Court. The defendant Webster, sued tbe plaintiff Raver, for a tort, and procured an attachment against his property. The affidavit stated, “that said Raver had money, goods and chattels, lands and tenements, which are not exempt from execution, which he refuses to apply to the payment or security of said damages, though requested so to do by your petitioner.” On the trial of that action, there was judgment for Raver.
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Appeal from the Jones District Court. The defendant Webster, sued tbe plaintiff Raver, for a tort, and procured an attachment against his property. The affidavit stated, “that said Raver had money, goods and chattels, lands and tenements, which are not exempt from execution, which he refuses to apply to the payment or security of said damages, though requested so to do by your petitioner.” On the trial of that action, there was judgment for Raver. He now sues on the attachment bond, alleging that the attachment was sued out willfully wrong, and claiming exemplary damages. During the trial,…
1Opinion of the Court
Wright, O. J.
The first assignment is, that the court erred in admitting the record and proceedings in the original case, in evidence against the sureties in the attachment bond. There can be no question as to the admissibility of *504this evidence. Of its competency, there can be no doubt. Among other matters contained in this record, was the bond on which the suit was brought, as also the affidavit and judgment. Was it not material for plaintiff to show these matters ? Indeed, without the record in the original case, how could any plaintiff ever sustain an action upon an attachment bond? It…
2Cited by21 opinions
- Territory of Montana v. McAndrewsMontana Supreme Court · 1878
- State v. DavisWest Virginia Supreme Court · 1910
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- Russ v. The Steamboat War EagleSupreme Court of Iowa · 1862
- Campbell v. ChamberlainSupreme Court of Iowa · 1860
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