DeLaval Separator Co. v. Sharpless
Supreme Court of Iowa
Appeal from, Pottawattamie District Court. — Hon. O. D. Wheeler, Judge. Action iu equity to restrain the enforcement of a judgment against the plaintiff by defendant Sharpless, the party in whose favor the judgment was recovered, or by defendants Harl & Tinley, assignees of such judgment, on the grounds that defendant Sharpless is insolvent and that plaintiff had, prior to the assignment, a valid claim against Sharpless in an amount exceeding the amount of the judgment.
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Appeal from, Pottawattamie District Court. — Hon. O. D. Wheeler, Judge. Action iu equity to restrain the enforcement of a judgment against the plaintiff by defendant Sharpless, the party in whose favor the judgment was recovered, or by defendants Harl & Tinley, assignees of such judgment, on the grounds that defendant Sharpless is insolvent and that plaintiff had, prior to the assignment, a valid claim against Sharpless in an amount exceeding the amount of the judgment. Plaintiff’s application for temporary writ of injunction having been denied, the plaintiff appeals.
1Opinion of the CourtMcClain, J.
1. Enforcement by assignee: injunction: setoff. From the allegations in the pleadings, which are deemed true for the purpose of determining the correctness of the ruling of the trial court refusing a temporary injunction, it appears that in February, 1904, the defendant Sharpless obtained-a . . ... judgment m the district court against the plaintiff herein on a replevin bond in an action wherein this plaintiff sought to recover certain cream separators, which had been sold by it to Sharpless, wherein it was held that said cream separators were the property of said Sharpless and wrongfully…
2Cases cited19 opinions
- Nashville Trust Co. v. BankTennessee Supreme Court · 1892
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Marshall v. CooperCourt of Appeals of Maryland · 1875
- Thomas v. Exchange BankSupreme Court of Iowa · 1896
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Benton v. Morningside CollegeSupreme Court of Iowa · 1926
- Creel v. HammansSupreme Court of Iowa · 1944
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Johnston v. GrimmSupreme Court of Iowa · 1930
- McIntosh v. McIntoshSupreme Court of Iowa · 1931
6 more not listed; retrieve them via the Exa API.