Emerson & Co. v. Converse
Supreme Court of Iowa
Appeal from Polk District Court.- — Hon. Thomas E. Stevenson, Judge. Action, aided by attachment, upon two promissory notes. The defense was part payment, and there was a counterclaim for damages upon the attachment bond. Trial to jury. Verdict and judgment for defendant. Plaintiff appeals.
1Opinion of the CourtWaterman, J.
*3311 *330The ground for attachment, as stated in the original petition, which was filed on the seventeenth day of February, 1894, was that “defendant is about to dispose of his property with intent to defraud his creditors.”' The answer and counterclaim were filed September 20, 1895. *331On March 11, 1896, the canse was called for trial. After the jury was impaneled, plaintiff filed an amendment to his petition, in which, as an additional ground for attachment, he alleged “that the debt sued on herein is for property obtained under false pretenses.” A motion to strike this amendment from the files was…
2Cases cited12 opinions
- Hinkle v. DavenportSupreme Court of Iowa · 1874
- Brockman v. BerryhillSupreme Court of Iowa · 1864
- Porter v. KnightSupreme Court of Iowa · 1884
- Fourth National Bank v. MayerSupreme Court of Georgia · 1895
- Hays v. TurnerSupreme Court of Iowa · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brown v. SchmitzSupreme Court of Iowa · 1946
- Carpenter v. LothringerSupreme Court of Iowa · 1937
- Nisbet v. Federal Title & Trust Co.Court of Appeals for the Eighth Circuit · 1915
- Lawyer v. StansellSupreme Court of Iowa · 1933
- Ames v. ChirurgSupreme Court of Iowa · 1911
6 more not listed; retrieve them via the Exa API.