Plumb v. Woodmansee
Supreme Court of Iowa
Appeal from, Mills Circuit Cotirt. . The plaintiff instituted suit in tbe Mills circuit court against the defendant on a promissory note, and obtained an attachment upon the ground that defendant had disposed of his property in part, with intent to defraud his creditors. The attachment was levied upon a “ wood building, the property of A. S. Woodmansee.”
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Appeal from, Mills Circuit Cotirt. . The plaintiff instituted suit in tbe Mills circuit court against the defendant on a promissory note, and obtained an attachment upon the ground that defendant had disposed of his property in part, with intent to defraud his creditors. The attachment was levied upon a “ wood building, the property of A. S. Woodmansee.” The defendant filed his answer, admitting the claim of plaintiff for the amount of the note, but asking against said plaintiff, by way of counter-claim on the attachment bond, the sum of $450, for the alleged wrongful and malicious suing out…
1Opinion of the CourtDay, J.
1. attachment on bond: damages. I. The questions presented for our review relate solely to the measure of damages recoverable by defendant upon the attachment bond. The defendant, being introduced as a witness, was asked the following questions: “ Had you removed your household and kitchen furniture from the house attached, to your own premises, as stated in the answer, as preparatory to removing the house attached, and replacing the detached portions thereof, and putting it in suitable condition for immediate occupancy by yourself and family; and were you prevented from so doing by the levy…
2Cases cited1 opinion
- Behrens v. McKenzieSupreme Court of Iowa · 1867
3Cited by8 opinions
- Pacific Express Co. v. MalinSupreme Court of the United States · 1889
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
- Sadler v. BeanSupreme Court of Iowa · 1874
- DeGoey v. Van WykSupreme Court of Iowa · 1896
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