Melhop v. Doan & Co.
Supreme Court of Iowa
Appeal from Dubuque District Qov/rt. Action to recover the value of property belonging to plaintiffs,which, they allege, was seized 'and sold in an action by attachment, brought in the city of Chicago, by defendants herein against them, in which no personal service of notice of process was made upon them.
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Appeal from Dubuque District Qov/rt. Action to recover the value of property belonging to plaintiffs,which, they allege, was seized 'and sold in an action by attachment, brought in the city of Chicago, by defendants herein against them, in which no personal service of notice of process was made upon them. It is alleged that the claim upon which the action was prosecuted, was false and fraudulent, and that the action was fraudulently instituted, and the writ of attachment and other process therein were wrongful and fraudulent. The allegations of the petition were put in issue by the answer.…
1Opinion of the Court
Beck, Ch. J.
— The only objection made by defendant’s counsel in their argument to the judgment of the district court, is that the verdict is not supported by the evidence. The jiuy were directed by the court that, to authorize them to return a verdict for plaintiffs, they must find that the action in attachment, in which defendant’s property was sold, was fraudulently instituted and prosecuted by defendants. No question is made as to the correctness of this and other instructions bearing upon the same point. Defendants claim that there was an utter absence of evidence as to the fraud…
2Cases cited1 opinion
- Shaw v. BrownSupreme Court of Iowa · 1862
3Cited by1 opinion
- Eastman v. MillerSupreme Court of Iowa · 1901