Mayne v. Council Bluffs Savings Bank
Supreme Court of Iowa
Appeal from Pottawattamie ' District Court- — Hon. O. P. Loofbourow, Judge. Plaintiff brings this action upon an attachment bond given by the defendant to procure the issuing of an attachment against plaintiff’s assignors, wherein the cause alleged was that they (Cocke & Morgan ) were about to dispose of their property with intent to defraud their creditors. Trial to a jury. Yerdict for defendant. Plaintiff’s motion for new trial overruled, and judgment on the verdict.
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Appeal from Pottawattamie ' District Court- — Hon. O. P. Loofbourow, Judge. Plaintiff brings this action upon an attachment bond given by the defendant to procure the issuing of an attachment against plaintiff’s assignors, wherein the cause alleged was that they (Cocke & Morgan ) were about to dispose of their property with intent to defraud their creditors. Trial to a jury. Yerdict for defendant. Plaintiff’s motion for new trial overruled, and judgment on the verdict. Plaintiff appeals.
1Opinion of the CourtGiven, J.
1. Attachment: wrong ful suing out evidence: subsequent conduct. — I. The issues are whether the attachment was wrongfully sued out, and, if so, then the amount of damage caused to plaintiff thereby. All other questions are incident to these principal inquiries. We first congider exceptions taken to the rulings of the court, and to the finding of the jury, on the issue as to whether the attachment was wrongfully' sued out. The court instructed that, ‘ ‘ in determining the question whether or not Cocke & Morgan were about to dispose of their property, or any part of it, with intent to defraud…
2Cases cited3 opinions
- Carruthers v. McMurraySupreme Court of Iowa · 1888
- Tuck v. Singer Manuf'g Co.Supreme Court of Iowa · 1885
- Payne v. Humeston & Shenandoah R'y Co.Supreme Court of Iowa · 1887
3Cited by5 opinions
- Ricker v. DavisSupreme Court of Iowa · 1913
- German Savings Bank v. FritzSupreme Court of Iowa · 1906
- Brush v. SmithSupreme Court of Iowa · 1900
- Citizens National Bank of Des Moines v. ConverseSupreme Court of Iowa · 1898
- Crowell v. McGoonSupreme Court of Iowa · 1898