Legal Opinion

Lyman v. Lauderbaugh

Supreme Court of Iowa

Decided October 12, 1888PublishedCited by 11 opinions

Appeal from Benton District Court. — Hon. L. G-. Kinne, Judge. On the eighth day of December, 1886, H. K. Lauderbaugh, the defendant in this case, commenced an action against B. Gr. Lyman, the plaintiff herein, aided by attachment, to recover the sum of six hundred dollars.

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Appeal from Benton District Court. — Hon. L. G-. Kinne, Judge. On the eighth day of December, 1886, H. K. Lauderbaugh, the defendant in this case, commenced an action against B. Gr. Lyman, the plaintiff herein, aided by attachment, to recover the sum of six hundred dollars. The petition alleged that the money was due for money and property wrongfully taken by Lyman, and converted to his own use, and that he was about to dispose of his property with intent to defraud his creditors. The writ of attachment was served by garnishing a bank in which Lyman had a deposit of thirteen hundred dollars…

1Opinion of the CourtRobinson, J.

1. payment: voluntary: to release attachment: instruction. — I. The appellant complains of the refusal of the court to give to the jury two instructions asked by him, as follows : “1. That as to the cause of action set out in the first count of the petition you should find for the defendant, because, there is no evidence upon which a verdict can be found on said count in plaintiff’s favor. 2. As to the claim made by plaintiff in the first count of his petition, you are instructed that if you find from the evidence that plaintiff paid to the defendant, the five hundred and twenty-six dollars, *484w…

2Cases cited5 opinions

  1. Murphy v. CreightonSupreme Court of Iowa · 1876
  2. Custin v. City of ViroquaWisconsin Supreme Court · 1886
  3. Vorse v. PhillipsSupreme Court of Iowa · 1873
  4. Dickerman v. LordSupreme Court of Iowa · 1866
  5. Weller v. HawesSupreme Court of Iowa · 1878

3Cited by11 opinions

  1. Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
  2. Manning v. PolingSupreme Court of Iowa · 1900
  3. Ittner v. United StatesUnited States Court of Claims · 1908
  4. New York Life Insurance v. Chittenden & EastmanSupreme Court of Iowa · 1907
  5. O'Brien v. QuinnMontana Supreme Court · 1907

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