Murdough v. McPherrin
Supreme Court of Iowa
Appeal from Tama District Court. Action on a contract. The proper averments were made, ■authorizing the issuance of an attachment. The same was issued, but the clerk affixed thereto by mistake the seal of the Circuit, instead of that of the District, Court. The defendant filed a motion to quash, and release the property attached, because the writ of attachment did not have affixed thereto the seal of the District Court.
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Appeal from Tama District Court. Action on a contract. The proper averments were made, ■authorizing the issuance of an attachment. The same was issued, but the clerk affixed thereto by mistake the seal of the Circuit, instead of that of the District, Court. The defendant filed a motion to quash, and release the property attached, because the writ of attachment did not have affixed thereto the seal of the District Court. Thereupon plaintiff asked leave to amend the writ by having attached thereto the proper seal. This was refused, and the motion to quash sustained, and the attached property…
1Opinion of the CourtSeevers, J.
i. attachmewt: amendment of writ, In Foss v. Isett, 4 G. Greene, 76, there was no seal affixed to what purported to be a writ of attachment, and it was held the writ could not be amended by affixing a seal thereto. This decision was made under the Code of 1851, in which there was no provision authorizing any of the proceedings in attachment to be amended, and strict construction of the attachment law was then the rule.
In Shaffer v. Sundwall, 33 Iowa, 579, the seal of the District Court was attached to the writ when that of the Circuit Court *480should have been. It was held the defect could not…
2Cases cited1 opinion
- Shaffer v. SundwallSupreme Court of Iowa · 1871
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