Cheadle v. Guittar
Supreme Court of Iowa
Appeal from PoitavxMtmie Oi/reuit Oourt. Action to recover specific personal property which had been seized by the sheriff under and by virtue of a writ of attachment. A demurrer to the petition was sustained, and the plaintiffs appeal.
1Opinion of the CourtSeevers, J.
The ground of the demurrer, which was sustained, is as follows: The “petition does not show that prior to the commencement of this action plaintiff had served upon the defendant the notice and proof of ownership required by law.” The statute upon which the ruling of the court, without doubt, was based, is as follows: “An officer is bound to *681levy an attachment on any personal property in possession of, or that he has reason to believe belongs to, the defendant, or on which the plaintiff directs him to levy; but if after such levy he shall receive a notice in writing, under oath, from some…
2Cases cited1 opinion
- Foule v. MannSupreme Court of Iowa · 1881
3Cited by3 opinions
- Constantine v. RowlandSupreme Court of Iowa · 1910
- Bradley v. MillerSupreme Court of Iowa · 1896
- Snedaker v. JonesSupreme Court of Iowa · 1888