Legal Opinion

Hays v. Gorby

Supreme Court of Iowa

Decided June 15, 1856PublishedCited by 2 opinions

Appeal from the Van 'Burén District Court. This action was commenced before a justice of the peace. An attachment was issued, and on tbe return day, tbe parties appeared, and defendant moved to dissolve tbe attachment, for tbe reason that tbe writ did not recite that a bond bad been filed, as required by tbe Code. This motion was overruled, and defendant brought tbe cause into tbe District Court, by writ of error.

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Appeal from the Van 'Burén District Court. This action was commenced before a justice of the peace. An attachment was issued, and on tbe return day, tbe parties appeared, and defendant moved to dissolve tbe attachment, for tbe reason that tbe writ did not recite that a bond bad been filed, as required by tbe Code. This motion was overruled, and defendant brought tbe cause into tbe District Court, by writ of error. Tbe affidavit which was filed as tbe foundation of tbe writ in tbe District Court, recites alone for error tbe decision on said motion. Tbe judgment of tbe justice was reversed, and…

1Opinion of the CourtWright, C. J.

We think tbe court below erred in quashing this attachment. Our statute nowhere requires that tbe *204bond shall be referred to in the writ, nor can we see any good reason, upon principle, why it need state that such, bond has been given. The bond is for the protection of the defendant, it is true, but his rights are quite as well secured by the filing of a bond in fact, without its mention in the writ, as they are by the recital therein of that fact. The object and office of the writ, is to authorize the officers to seize property and hold it, subject to any judgment that may be obtained in the…

2Cases cited1 opinion

  1. Hintermeister v. StateSupreme Court of Iowa · 1855

3Cited by2 opinions

  1. Ellsworth v. MooreSupreme Court of Iowa · 1858
  2. Wadsworth & Wells v. CheeneySupreme Court of Iowa · 1862

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