Massie v. Mann
Supreme Court of Iowa
Appeal from Dubuque District Court. lit junction to restrain a sale under an execution from this court. Graves, against complainant’s objection, was allowed to intervene as defendant; claiming to be the owner of the judgment upon which the said execution issued. After this order was made, upon his motion, the action was dismissed, and from these orders complainant appeals.
1Opinion of the Court
WRIGHT, Oh. J.
1. Bond: attorneys as sureties. I. The sureties upon the injunction bond, were the attorneys of the plaintiff One ground of the motion to dismiss the suit, was, that the bond was thus signed. The law is, that “no attorney or other officer of the court, shall be received as security in any proceeding in court.” (Rev., § 3446.) And, though this section is found in the chapter regulating “security for costs,” in our opinion, it is not limited to such cases, but was intended to prohibit their going security in any proceeding pending in court. The language is general; is imperative;…
2Cases cited5 opinions
- Remsen v. . BeekmanNew York Court of Appeals · 1862
- Corbett v. WatermanSupreme Court of Iowa · 1860
- Braught v. GriffithSupreme Court of Iowa · 1864
- Davis v. BonarSupreme Court of Iowa · 1863
- Massie v. SharpeSupreme Court of Iowa · 1862
3Cited by13 opinions
- McMurray v. FaustSupreme Court of Iowa · 1937
- James v. DaySupreme Court of Iowa · 1873
- Bater v. CleaverSupreme Court of New Jersey · 1935
- Iowa Loan & Trust Co. v. HallerSupreme Court of Iowa · 1903
- Phelan v. JohnsonSupreme Court of Iowa · 1890
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