McCarn v. Rivers
Supreme Court of Iowa
Appeal from the Johnson District Court. The petition of plaintiff claims upon an account and a note, and also asks an attachment, which was issued. A part of the account was made with Ryan & McCarn, and the note was payable to their order. To this petition there was a demurrer, for the reason, in. substance, that it did not appear that plaintiffs had any right to the account and note, or to bring suit upon the same.
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Appeal from the Johnson District Court. The petition of plaintiff claims upon an account and a note, and also asks an attachment, which was issued. A part of the account was made with Ryan & McCarn, and the note was payable to their order. To this petition there was a demurrer, for the reason, in. substance, that it did not appear that plaintiffs had any right to the account and note, or to bring suit upon the same. Plaintiffs asked and obtained leave to amend, which they did by setting forth the same causes of action, and showing the assignment of the account and note. Defendant then moved…
1Opinion of the CourtWright, C. J.
The motion to dissolve the attachment should have been overruled. The causes assigned therein are, that the writ issued before any petition was filed, as required by law; that plaintiffs liad withdrawn their original cause of action ; that they had made a new cause ; and that the writ did not correspond with the petition last filed. These causes assume that the original petition was so substantially and fatally defective, and wanting in every requisite, that no writ of attachment could properly issue;, and, in the second place, that the amendment presents a new cause of action — is a…
2Cited by3 opinions
- Boyd v. BevilleTexas Supreme Court · 1898
- Wadsworth & Wells v. CheeneySupreme Court of Iowa · 1862
- Montague v. ReinegerSupreme Court of Iowa · 1861