Legal Opinion

McLaren v. Hall

Supreme Court of Iowa

Decided January 27, 1868PublishedCited by 45 opinions

Appeal from, Dubuque District Court. Action upon an account for work and labor, and materials furnished. The plaintiff by his petition claims that on the 12th day of January, 1866, the plaintiff entered into a parol contract with both defendants to do certain work and furnish certain materials in repairing, etc., a certain dwelling-house then recently purchased by the defendant Sarah GL Hall; that he did the work, etc., amounting to $606.20, and thereon the defendant William…

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Appeal from, Dubuque District Court. Action upon an account for work and labor, and materials furnished. The plaintiff by his petition claims that on the 12th day of January, 1866, the plaintiff entered into a parol contract with both defendants to do certain work and furnish certain materials in repairing, etc., a certain dwelling-house then recently purchased by the defendant Sarah GL Hall; that he did the work, etc., amounting to $606.20, and thereon the defendant William Hall paid plaintiff in three different payments the aggregate of $303.63, leaving a balance due of $302.57; that…

1Opinion of the CourtCole, J.

1. Attachment: motion to discharged attached property. — I. The first error assigned is, the overruling of defendant’s motion to discharge the attached property. Our statute authorizing such motion is as „ . i°^-ows (Rev. § 3239): “A motion may be made to discharge, the attachment, or any part thereof, at any time before trial, for insufficiency of statement of cause thereof, or for other cause making it apparent of record that the writ should not have issued, or should not have been levied on all or on some part of the property held.” ■ The affidavits filed in support of the motion tended to…

2Cases cited2 opinions

  1. Burrows v. LehndorffSupreme Court of Iowa · 1859
  2. Jones v. CrosthwaiteSupreme Court of Iowa · 1864

3Cited by45 opinions

  1. Rowell v. KleinIndiana Supreme Court · 1873
  2. Long v. MartinSupreme Court of Missouri · 1899
  3. Puget Sound Lumber Co. v. KrugCalifornia Supreme Court · 1891
  4. Griffin v. ErskineSupreme Court of Iowa · 1906
  5. Williams v. PaxtonIdaho Supreme Court · 1977

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