Sackett, Belcher & Co. v. Partridge
Supreme Court of Iowa
Appeal from the Linn District Court. This action was brought upon a bill of exchange, drawn by the defendants, for $500, on the 16th of September, 1856, and protested, and upon an open account for goods and merchandise, sold and delivered the defendants, to the amount of $1,128.18. The petition embraces a prayer for an attachment, based upon the allegation and affidavit, that “the defendants have property, goods, moneys, lands, choses in action, and merchandise, which they…
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Appeal from the Linn District Court. This action was brought upon a bill of exchange, drawn by the defendants, for $500, on the 16th of September, 1856, and protested, and upon an open account for goods and merchandise, sold and delivered the defendants, to the amount of $1,128.18. The petition embraces a prayer for an attachment, based upon the allegation and affidavit, that “the defendants have property, goods, moneys, lands, choses in action, and merchandise, which they refuse to give either in payment or security of said claims.” The pleadings in their several natures, are as follows:…
1Opinion of the CourtWoodward, J.
It is not the practice of this court to anticipate questions, nor to decide any, which are not made by the parties in the cause. But it sometimes occurs, that a question not made in a case, stands preliminary to those which are raised, and which it becomes necessary to dispose of, or to assume, one way or another. Thus, the question whether the averment of facts requisite to obtain an attachment, may be controverted, and an issue be taken on them in the principal suit, has an unavoidable bearing on the points raised in the present cause. This court has not recognized the doctrine, that such…
2Cited by9 opinions
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Veiths v. HaggeSupreme Court of Iowa · 1859
- Tallant v. Burlington Gas-light Co.Supreme Court of Iowa · 1873
- Sturman v. StoneSupreme Court of Iowa · 1870
- Berry v. GravelSupreme Court of Iowa · 1860
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