Markley, Alling & Co. v. Keeney
Supreme Court of Iowa
Appeal from Pocahontas District Court. — Hon. Geobge H. Cakb, Judge. The plaintiff brought suit against the defendants L. Y. Keeney et al. on account, and aided the same by attachment, by virtue of which it seized a quantity of personal property and real estate.
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Appeal from Pocahontas District Court. — Hon. Geobge H. Cakb, Judge. The plaintiff brought suit against the defendants L. Y. Keeney et al. on account, and aided the same by attachment, by virtue of which it seized a quantity of personal property and real estate. Such proceedings were had that on the sixth day of January, 1891, a default and judgment were entered for the plaintiff against the defendants for two hundred and seventy-three dollars and seventy-six cents and costs. On the same day the intervenor filed his petition claiming ownership of the personal property attached by virtue of a…
1Opinion of the CourtGranger, J.
i. attachment: transferton: eqmty. — I. We should first settle the question as to the form of the proceeding, — that is, whether ^ triable here as a law or an equitable action. Byron J. Allen, Esq., now deceased, was the attorney for the intervenor in the trial below, and presented the original argument on this appeal. The present attorneys for the appellant came into the case only in time to file a reply to the appellee’s argument. The case was appealed, and is presented in the original argument on an assignment of errors. The claim that this is an equitable form of proceeding is presented…
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