Legal Opinion

Lyons v. Hamilton

Supreme Court of Iowa

Decided June 11, 1886PublishedCited by 11 opinions

Appeal from Carroll District Court. This is a controversy involving the ownership of a stock of agricultural implements. The plaintiffs claim to be the owners by virtue of a sale of the property made to them by one Eaton. It is conceded that Eaton was the owner of the goods, but the defendant Barbee, who was a creditor of Eaton, claims that the sale and transfer under which plaintiffs assert title to the property was fraudulent as to thé creditors of Eaton.

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Appeal from Carroll District Court. This is a controversy involving the ownership of a stock of agricultural implements. The plaintiffs claim to be the owners by virtue of a sale of the property made to them by one Eaton. It is conceded that Eaton was the owner of the goods, but the defendant Barbee, who was a creditor of Eaton, claims that the sale and transfer under which plaintiffs assert title to the property was fraudulent as to thé creditors of Eaton. Barbee disregarded the sale, and caused the.defendant Hamilton, who is sheriff of Carroll county, to levy an attachment upon the…

1Opinion of the CourtNoraROCK, J.

!• JUKTl . COU— tinuance of fiSryedi>rmea: charged. I. The jury was impaneled and sworn to try the cause on the evening of April 21st, and thereupon the court adjourned until the following morning. , ( (In the next morning, April 22d, the plaintiffs an araended aild substituted petition, The defendants moved for a continuance of the cause until the next term of court. The motion ivas overruled, but the defendants were given until the next day, April 23d, to prepare for trial, and the cause was continued until that day. The court therefore took up another cause for trial by jury and a jury was…

2Cases cited1 opinion

  1. Stewart & Brown v. SmithSupreme Court of Iowa · 1882

3Cited by11 opinions

  1. M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
  2. State v. LowderSupreme Court of Iowa · 1964
  3. Ford v. OttSupreme Court of Iowa · 1917
  4. Williams Savings Bank v. MurphySupreme Court of Iowa · 1935
  5. Hibbs v. Board of Directors of AdamsSupreme Court of Iowa · 1900

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