Legal Opinion

Ellsworth v. Moore

Supreme Court of Iowa

Decided January 25, 1858PublishedCited by 7 opinions

Appeal from, the Mardvn, Disi/rict Gov/rt. The errors asssigned in this case, relate alone to the order of the court dissolving the attachment. This motion to dissolve,, was made and determined at the April term, 1856, of the district court of Hardin county. At the same term, notice of appeal was regularly given by the plaintiff.

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Appeal from, the Mardvn, Disi/rict Gov/rt. The errors asssigned in this case, relate alone to the order of the court dissolving the attachment. This motion to dissolve,, was made and determined at the April term, 1856, of the district court of Hardin county. At the same term, notice of appeal was regularly given by the plaintiff. At the December term, 1856, of this court, a rule was issued, requiring the clerk of the court below, to send up the transcript and records in said cause, in answer to which theré was filed herein, copies of the original petition, notice, writ of attachment,…

1Opinion of the CourtWright, C. J.

The argument of the appellee is directed almost entirely to the question, whether the proceedings upon the order dissolving the attachment, are properly before us. We shall notice'4 the positions assumed, in the order presented.

And first, it is insisted, that the judge presiding at the time the order was made to substitute the papers, was of counsel for plaintiff at the time of the commencement and *488trial of the cause. To this, it is sufficient to answer, that the facts assumed do not appear from the record. The original petition, it is true, is signed by J. D. Thompson, as attorney for…

2Cases cited2 opinions

  1. Mays v. DeaverSupreme Court of Iowa · 1855
  2. Hays v. GorbySupreme Court of Iowa · 1856

3Cited by7 opinions

  1. Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1942
  2. Kelly v. Consolidated UnderwritersCourt of Appeals of Texas · 1927
  3. Allen v. StateSupreme Court of Georgia · 1897
  4. Vahle v. BrackenseikIllinois Supreme Court · 1893
  5. Edwards v. GabrelsSupreme Court of Georgia · 1929

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