Hamilton Bros. v. Hartinger
Supreme Court of Iowa
Appeal from Hardin, District Court. — Hon. S'. M. Weaver, Judge. Action to recover four hundred and thirty-seven dollars and twenty cents, with interest, on seven promissory notes executed by the defendant to the plaintiffs.
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Appeal from Hardin, District Court. — Hon. S'. M. Weaver, Judge. Action to recover four hundred and thirty-seven dollars and twenty cents, with interest, on seven promissory notes executed by the defendant to the plaintiffs. The action was aided by attachment Defendant answered, admitting the execution of the notes-, and setting up a counterclaim- on the attachment bond, alleging that the attachment was wrongfully and maliciously sued out and levied, to his damage two hundred dollars. The jury found specially that the attachment was wrongfully, but not maliciously, sued, out, and two hundred…
1Opinion of the CourtGiven, C. J.
1 *92 *103 *8I. Plaintiffs contend that there was no valid levy of the attachment upon any personal property, because no written notice of such levy was given to the defendant, and- because the sheriff did not take any of said property into his custody, and therefore the plaintiffs are not liable to the defendant in damages for what was done to said personal property. The sheriff’s return on the attachment shows that on the third day of February, 1894, the writ came into his hands and that on the same day he attached certain real estate described, “by giving the defendant personal notice of said levy,…
2Cases cited3 opinions
- Moore v. Marshalltown Opera-House Co.Supreme Court of Iowa · 1890
- Sioux Valley State Bank v. KellogSupreme Court of Iowa · 1890
- First Nat. Bank v. Jasper County BankSupreme Court of Iowa · 1887
3Cited by10 opinions
- Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
- Lee County Savings Bank v. Snodgrass Bros.Supreme Court of Iowa · 1918
- Hart v. Oliver Farm Equipment Sales Co.New Mexico Supreme Court · 1933
- Shoonover v. Osborne Bros.Supreme Court of Iowa · 1900
- Benton County Savings Bank v. BoddickerSupreme Court of Iowa · 1902
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