Mayfield v. Bennett
Supreme Court of Iowa
Appeal from Mitchell District Court. In 1858 plaintiff commenced an action in the Mitchell District Court against defendant, upon an account for goods sold. It was averred in the petition that defendant was a non-resident of the State, and a writ of attachment was issued upon that ground.
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Appeal from Mitchell District Court. In 1858 plaintiff commenced an action in the Mitchell District Court against defendant, upon an account for goods sold. It was averred in the petition that defendant was a non-resident of the State, and a writ of attachment was issued upon that ground. Among the files in said case is found an attachment bond; a writ of attachment duly tested by the clerk of the court, with a return of the sheriff showing a levy upon certain real estate in Worth county; an original notice, with a return of defendant “not found;” an affidavit for an order of publication…
1Opinion of the Court
Rothrock, Ch. J.
I. We have not set out the affidavits in support of, and against the motion to correct the judgment *197and quasli the execution, because we think the question pre-' sented must be determined upon the record of the ¡judg-' ment, and upon that alone.
1judgement must be record That part of the motion which asked a correction of the judgment by an alteration of the record entry was properly overruled, but, in our opinion, that part which prayed for an order recalling the execution and releasing the levy, because of what was apparent of record in the action, should have been sustained.
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2Cases cited2 opinions
- Fowler v. DoyleSupreme Court of Iowa · 1864
- Banta v. WoodSupreme Court of Iowa · 1871
3Cited by10 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Irving Trust Co. v. SeltzerAppellate Division of the Supreme Court of the State of New York · 1943
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- Halverson v. HagemanSupreme Court of Iowa · 1958
- Johnson v. . WhildenSupreme Court of North Carolina · 1916
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