Allerton v. Eldridge
Supreme Court of Iowa
Appeal from Jasper Cvrcwit Court, also PoTk Cvrcwit Court. Action in equity. The plaintiff filed her petition in the Circuit Court of Jasper county, asking, among other things, for a specific attachment against certain property, and also for a general attachment. A writ was issued containing two mandates, one for a specific attachment and one for a general attachment.
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Appeal from Jasper Cvrcwit Court, also PoTk Cvrcwit Court. Action in equity. The plaintiff filed her petition in the Circuit Court of Jasper county, asking, among other things, for a specific attachment against certain property, and also for a general attachment. A writ was issued containing two mandates, one for a specific attachment and one for a general attachment. Afterward the defendant filed an affidavit that he was about to file a motion to dissolve the specific attachment. He also filed a motion for a change of venue to the District Court. The plaintiff' objected to any change, and…
1Opinion of the Court
Adams, Ch. J.
i. vk'Iciice • mteriooutory1 orcler‘ I. The first question presented is as to whether the plaintiff had a right to apjieal from the order granting a change of venue at the-time she attempted to appeal. If she had, then her appeal, a supersedeas bond having been filed, should have had the effect to stay proceedings, and the Circuit Court of Polk county erred in not sustaining the plaintiff’s motion to postpone.
An appeal may be taken from “ an order made affecting a substantial right in an action, when'such order in effect determines the action and prevents a judgment from which an…
2Cases cited3 opinions
- Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
- Richards v. BurdenSupreme Court of Iowa · 1871
- Ferguson v. Davis CountySupreme Court of Iowa · 1879
3Cited by20 opinions
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Foss v. CoblerSupreme Court of Iowa · 1898
- Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
- Kell v. LundSupreme Court of Iowa · 1896
- Ownbey v. MorganSupreme Court of Delaware · 1917
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