Legal Opinion

Berry v. Gravel

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 3 opinions

Appeal from Woodbury District Court ATTACHMENT. The defendant moved the court to dissolve an attachment upon the following grounds: First, The writ was improvidently issued. Second, The facts alleged as the grounds for issuing said writ, in plaintiff’s petition, are, and were, when made, wholly false and untrue. This motion was overruled by the court, and the defendant appeals.

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Appeal from Woodbury District Court ATTACHMENT. The defendant moved the court to dissolve an attachment upon the following grounds: First, The writ was improvidently issued. Second, The facts alleged as the grounds for issuing said writ, in plaintiff’s petition, are, and were, when made, wholly false and untrue. This motion was overruled by the court, and the defendant appeals. This ruling is the only error complained of. in an argument reviewing Sacked, Belcher $ Co. v. Patridge Cook, 4 Iowa 416, cited Drake on Attach, chapter 15; Code of 1851, chapter 104 and 109; Pomroy Co. v. Parmlee, 9…

1Opinion of the CourtWrisht, J.

I. It has been too often decided by this court, that the defendant has no right to make an issue and claim a trial in the principal suit upon the facts stated in the petition for an attachment, to be now considered an open question. Sackett, Belcher Co. v. Patridge, 4 Iowa 416; Sample v. Griffith, 5 Ib. 376; Bowen v. Gilkeson, 7 Ib. 503; Veiths v. Hagge, 8 Ib. 192-3; Andras v. Clark, Ib. 476; Burrows v. Lehndorff, Ib. 96; Churchill, et al, v. Fulliam, Ib. 45.

II. There was no objection made in the court below, in the motion to dissolve the attachment, to the sufficiency of *137tiie affidavit…

2Cases cited2 opinions

  1. Sackett, Belcher & Co. v. PartridgeSupreme Court of Iowa · 1857
  2. Johnson v. ButlerSupreme Court of Iowa · 1855

3Cited by3 opinions

  1. Clark v. HymanSupreme Court of Iowa · 1880
  2. Gourley v. CarmodySupreme Court of Iowa · 1867
  3. Schofield v. American Valley Co.New Mexico Supreme Court · 1898

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