Tidrick v. Sulgrove
Supreme Court of Iowa
Appeal from Madison District Court. The plaintiff brought his action on two promissory notes, and sued out a writ of attachment against the property of the defendant, upon which the sheriff attached the growing wheat upon the land of v the defendant.
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Appeal from Madison District Court. The plaintiff brought his action on two promissory notes, and sued out a writ of attachment against the property of the defendant, upon which the sheriff attached the growing wheat upon the land of v the defendant. The defendant filed a motion to discharge the levy of the attachment as to this property on the alleged ground that the wheat was not owned by the defendant but was the property of one Eppard under, and by virtue of a chattel mortgage of “ all the crops that said Sulgrove may raise on the farm owned and ocupied by him, dur-; ing the present…
1Opinion of the Court
Millbr, Oh. J.
— -The motion to discharge the attachment was evidently based upon section 3018 of the Code, which is as follows:
practice- at-discharge: from. “ A motion may be made to discharge the attachment, or any part thereof, at any time before trial for insufficiency of-statement of cause thereof, or for other cause making it apparent of record that the attachment should not have issued, or should not have been levied on all or on some part of the property held.” This section is the same as section 3239 of the Revision, and authorizes the motion for any one of three causes; first, when…
2Cases cited1 opinion
- McLaren v. HallSupreme Court of Iowa · 1868
3Cited by4 opinions
- Bell v. Courteen Seed Co.Supreme Court of Iowa · 1924
- Union County Investment Co. v. MessixSupreme Court of Iowa · 1911
- Clark v. TullSupreme Court of Iowa · 1901
- Fidelity & Deposit Co. v. SewardSupreme Court of Iowa · 1939