Shadden v. Butler
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. E. B. Woodruff, Judge. Action at law to recover damages for abuse of process. Trial to a jury; verdict and judgment for plaintiff, against both defendants, but in separate amounts, and defendants appeal.
1Opinion of the CourtDeemer, J.
Defendant Butler sued out a writ of attachment from justice’s court against the. plaintiffs to satisfy a debt for the sum of $64.51. The writ was delivered to defendant Terry, who was a constable, for service, an.d he proceeded thereunder to levy upon a horse, as the property of the defendants, in the suit, or one of them. The grounds for the attachment were that defendants were about to remove the property out of the state without leaving sufficient for the payment of their debts; that they had disposed of their property with intent to defraud their creditors; that they were about to remove…
2Cases cited2 opinions
- Nix v. GoodhillSupreme Court of Iowa · 1895
- Grover v. YounieSupreme Court of Iowa · 1900
3Cited by1 opinion
- Sarvold v. DodsonSupreme Court of Iowa · 1976