Danforth, Davis & Co. v. Carter
Supreme Court of Iowa
Appeal from the Dubuque District Oourt. This suit was instituted to recover an amount claimed on three promissory notes, on which, an attachment issued. One of the notes was not due at the time of the commencement of the suit. A bond was filed, regular in all its parts and conditions, and was signed by plaintiffs, and by Smith, McKinlay & Poor, each in their partnership style and name.
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Appeal from the Dubuque District Oourt. This suit was instituted to recover an amount claimed on three promissory notes, on which, an attachment issued. One of the notes was not due at the time of the commencement of the suit. A bond was filed, regular in all its parts and conditions, and was signed by plaintiffs, and by Smith, McKinlay & Poor, each in their partnership style and name. The petition for the attachment, was sworn to, and alleged that about eight hundred dollars of the plaintiffs’ demand was due, and that the remaining portion would become due at a time specified; that…
1Opinion of the Court
Wright, C. J. (1)
The errors assigned involve alone, the "correctness of the ruling in the court below in dissolving the attachment. Two grounds are relied upon to sustain this order. First, that the affidavit for the attachment is insufficient. Second, that no proper bond was filed.
W e will first consider the affidavit, so far as it relates to the debt not due. To determine this, involves a construction of section 1852 of the Code, which provides, that “ the property of a debtor may be attached previous to the time when the debt becomes due, when nothing but time is wanting to fix an absolute…
2Cases cited2 opinions
- Mackay v. BloodgoodNew York Supreme Court · 1812
- Gram v. SetonThe Superior Court of New York City · 1828
3Cited by12 opinions
- Hubbard v. HaleyWisconsin Supreme Court · 1897
- Timken Carriage Co. v. C. S. Smith & Co.Supreme Court of Iowa · 1904
- Churchill v. FulliamSupreme Court of Iowa · 1859
- Jeffreys v. ColemanSupreme Court of Florida · 1884
- Bates v. RobinsonSupreme Court of Iowa · 1859
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