Branch of the State Bank v. Morris
Supreme Court of Iowa
Appeal from Johnson District Court. This action was brought against Morris, Welsh and Dickey, upon two joint and several promissory notes. An attachment was asked and issued against the property of Morris and Welsh, and each of them. The attachment bond was joint and several, and made payable to Morris and Welsh, or either of them. Morris alone answers, and, among other matters, pleads a set-off, for damages sustained on account of the wrongful suing out of the attachment.
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Appeal from Johnson District Court. This action was brought against Morris, Welsh and Dickey, upon two joint and several promissory notes. An attachment was asked and issued against the property of Morris and Welsh, and each of them. The attachment bond was joint and several, and made payable to Morris and Welsh, or either of them. Morris alone answers, and, among other matters, pleads a set-off, for damages sustained on account of the wrongful suing out of the attachment. To this part of the answer there was a demurrer, which was sustained, and defendant (Morris) appeals. relied upon Deed v.…
1Opinion of the CourtWright, J.
— This action was commenced in January, 1861. The writs of attachment (for there were three) were issued at the commencement of the proceeding. The questions arising, therefore, are to be determined under the Revision of 1860.
In the cases of Reed v. Chubb and others, 9 Iowa, 178 ; Zinn v. Williams, Id., 178, and Stadler Bros. S Co. v. Parmelee & Watts, 10 Id., 23, it was- held by a majority of the judges under the Code of 1851, that if the writ was sued out at *138the commencement of the action, a claim for damages for wrongfully suing it out, might be set off against plaintiff’s demand. The…
2Cases cited3 opinions
- Raver v. WebsterSupreme Court of Iowa · 1856
- Reed v. Chubb Brothers, Barrows & Co.Supreme Court of Iowa · 1859
- Stadler Bro. & Co. v. ParmleeSupreme Court of Iowa · 1859
3Cited by7 opinions
- Musselman v. GalligherSupreme Court of Iowa · 1871
- Scott v. FrankSupreme Court of Iowa · 1903
- Willman v. FriedmanIdaho Supreme Court · 1894
- Youngerman v. LongSupreme Court of Iowa · 1895
- Bone v. TraftonCalifornia Court of Appeal · 1916
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