Hastings v. Phoenix
Supreme Court of Iowa
Appeal from Palo Alto Gvrouit Gov/rt. Action in attachment brought before a justice of the peace. The defendant moved to discharge the attachment on the ground that the property levied on was exempt from execution. The motion was supported by an affidavit showing the property exempt. The court overruled the motion and rendered judgment for the plaintiff.
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Appeal from Palo Alto Gvrouit Gov/rt. Action in attachment brought before a justice of the peace. The defendant moved to discharge the attachment on the ground that the property levied on was exempt from execution. The motion was supported by an affidavit showing the property exempt. The court overruled the motion and rendered judgment for the plaintiff. Thereupon, the defendant caused the case to be removed to the Circuit Court upon a writ of error, and the Circuit Court affirmed the action of the justice in overruling the motion to discharge the attachment. The defendant appeals.
1Opinion of the CourtAdams, J.
The case comes to us upon a certificate of appeal which is in these words: “In an action in a justice’s court aided by attachment, where the petition alleges as grounds for the attachment that the defendant is Ibout to re“move his property out of the State without leaving sufficient for the payment of his debts, should the justice entertain a motion to discharge a levy on the ground that the property is exempt, where said motion is supported by affidavits alleging the necessary facts to constitute the exemption?”
Section 3018 of the Code provides that “a motion may be made to discharge the…
2Cited by3 opinions
- Union County Investment Co. v. MessixSupreme Court of Iowa · 1911
- F. W. Greaves & Co. v. PosnerSupreme Court of Iowa · 1900
- Davis v. Cleveland, C., C. & St. L. R.U.S. Circuit Court for the District of Northern Iowa · 1906