Nockles v. Eggspieler
Supreme Court of Iowa
Appeal from Wútmeshieh CireuAt Court. Action upon an attachment bond. There was 'a verdict for the sum of one dollar and judgment thereon for that amount and one hundred dollars’' attorney’s fee. From the judgment for attorney’s fee defendant appeals. The facts of the case are stated in the opinion.
1Opinion of the CourtBeck, J.
I. The plaintiff alleges as a breach of the bond that the attachment was wrongfully sued out, and claims, in addition to actual and exemplary damages, $100 as attorney’s fee. There was a general verdict for plaintiff in the sum of one dollar, and a special finding that the attachment was wrongfully sued out.
The cause had been before tried and the judgment of the court below had been reversed in this court. See 47 Iowa, 400. Subsequently the original papers were lost, and substitution made therefor. After the verdict defendant moved the court to strike out of the petition the claim for…
2Cases cited1 opinion
- Nockles v. EggspielerSupreme Court of Iowa · 1877
3Cited by2 opinions
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Dickinson v. AtheySupreme Court of Iowa · 1895