Dickinson v. Athey
Supreme Court of Iowa
Appeal from Keokuk District Court. — Hon. Henry Bank, Jr., Judge. Action at law, aided by attachment, upon an open account for goods sold and delivered.
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Appeal from Keokuk District Court. — Hon. Henry Bank, Jr., Judge. Action at law, aided by attachment, upon an open account for goods sold and delivered. The defendant, in answer, denied the plaintiff’s account, and further pleaded that both plaintiffs and defendant were residents of the state of Illinois, and that the plaintiffs by false and fraudulent representations, and other deceitful practices, induced defendant to come into this state for the purpose of securing service of notice on him here, in order to avoid the exemption laws of the state of Illinois; and he avers that the court has…
1Opinion of the CourtDeemer, J.
1 *3672 *364The sole question presented by this appeal is whether the court was in error in assessing as against the plaintiffs the attorney’s fees allowed by him. It would seem that the controversy is settled by our statute (Code, section 2961), which reads as follows: “In an action on such bond the plaintiff therein may recover, if he shows that the attachment was wrongfully sued out and that there was no reasonable cause to believe the ground upon which the same was issued to be true, the actual damages sustained, and reasonable attorneys’ fees to be fixed by the court. * * *” The counterclaim was…
2Cases cited10 opinions
- Porter v. KnightSupreme Court of Iowa · 1884
- Vorse v. PhillipsSupreme Court of Iowa · 1873
- Young v. BroadbentSupreme Court of Iowa · 1867
- Lyman v. LauderbaughSupreme Court of Iowa · 1888
- Whitney & Co. v. BrownewellSupreme Court of Iowa · 1887
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3Cited by2 opinions
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909