Johnson v. Moser
Supreme Court of Iowa
Appeal from Dubuque District Oourt — Hon. J. J. Ney, Judge. Action upon an injunction bond. There was a demurrer to the plaintiff’s petition, and the same was sustained except as to attorney’s fee, and from the order the plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
The plaintiff held a general judgment against -the defendant E. E. Moser, and the same was a lien upon a certain lot in the city of Dubuque. The plaintiff caused execution to issue, and to be levied upon the lot' and improvements thereon, and the same was advertised to be sold subject to a prior mortgage, May 17, 1884. Prior to that time, the defendant Moser brought an action for an injunction to restrain the sale; alleging that fhe premises levied-upon constituted his homestead. Afterwards the injunction suit was dismissed, and the plaintiff then caused another execution to be…
2Cited by2 opinions
- Bullard v. HarknessSupreme Court of Iowa · 1891
- Hicks v. MurphyCourt of Appeals of Texas · 1915