Smith, Stebbins & Co. v. Engle
Supreme Court of Iowa
Appeal from, Buchanan Circuit Court. The plaintiffs commenced this action on the second day of December, 1874, to recover of defendants the sum of $5,975.09. On the same day an attachment was issued therein and levied upon the stock in trade of defendants, situated at Independence, Buchanan county, valued at $12,500. December 19, 1874, a petition in bankruptcy was filed in the District Court of the United States for the Northern District of Illinois against defendants, by…
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Appeal from, Buchanan Circuit Court. The plaintiffs commenced this action on the second day of December, 1874, to recover of defendants the sum of $5,975.09. On the same day an attachment was issued therein and levied upon the stock in trade of defendants, situated at Independence, Buchanan county, valued at $12,500. December 19, 1874, a petition in bankruptcy was filed in the District Court of the United States for the Northern District of Illinois against defendants, by certain of their creditors; and on December 29th they were adjudged bankrupts. On the 21st of December, 1874, before…
1Opinion of the CourtDay, J.
Upon the trial of the cause, the defendants admitted that at the time of the commencement of this action there was due plaintiffs from defendants, upon the demands set forth in the petition, the sum of $5,961.69.
The plaintiffs read in evidence the writ of attachment, the return of the sheriff, and a stipulation between plaintiffs and defendants that the sheriff might retain possession óf the stock of goods levied on, that the same might be sold and the proceeds retained by the sheriff to be applied and disposed of under the direction of the court.
The defendants then offered in evidence a duly…
2Cases cited5 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Nichols v. MichaelNew York Court of Appeals · 1861
- Van Dyk Research Corp. v. SCM Corp. (In Re Van Dyk Research Corp.)United States Bankruptcy Court, D. New Jersey · 1981
- Thomson v. MorrisIllinois Supreme Court · 1870
3Cited by11 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
- Ex parte DavisSupreme Court of Alabama · 1891
- In re LilienthalCourt of Appeals for the Ninth Circuit · 1919
- Coe v. WatersColorado Court of Appeals · 1901
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