Schwartz v. Samuel C. Davis & Co.
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. The following is a statement of facts as made by appellant: “On the twenty-ninth of December, 1884, Samuel C. Davis & Company sued out of the district court of Lee county an attachment against John H. Schwartz, the plaintiff herein, on' the sole ground that Schwartz was then about to dispose of his property with intent to defraud his creditors.
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Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. The following is a statement of facts as made by appellant: “On the twenty-ninth of December, 1884, Samuel C. Davis & Company sued out of the district court of Lee county an attachment against John H. Schwartz, the plaintiff herein, on' the sole ground that Schwartz was then about to dispose of his property with intent to defraud his creditors. Defendant Joseph A. Smith is surety on the attachment bond for forty-five thousand dollars, which was filed in that case. The attachment was levied, on the day it was issued, on a…
1Opinion of the CourtQ-ranger, C. J.
I. At the trial in the district court the defendants offered in evidence the report of the master in chancery in the federal court for the purpose of showing his conclusions on the question of the fraudulent execution of the chattel mortgages. Against objections of incompetency, irrelevancy, and immateriality, a part of the report was admitted, and error is assigned upon the ruling. Appellees contend that, notwithstanding this and other alleged errors, the judgment should not be reversed, because in no event, under the record, could plaintiff recover more than nominal damages. If it should be…
2Cases cited2 opinions
- Kuhn v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1888
- Williams v. BrownSupreme Court of Iowa · 1889
3Cited by8 opinions
- Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Shannon v. GaarSupreme Court of Iowa · 1944
- Emerson & Co. v. ConverseSupreme Court of Iowa · 1898
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