Burrows v. Lehndorff
Supreme Court of Iowa
Appeal from the Scott District Court. At the time of commencing their action, plaintiffs sued out an attachment. The answer admits the correctness of plaintiffs’ claim ; denies so much of the petition as states the grounds for an attachment; sets up that the attachment was wrongfully sued out; and by way of set-off, claims damages for such wrongful act.
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Appeal from the Scott District Court. At the time of commencing their action, plaintiffs sued out an attachment. The answer admits the correctness of plaintiffs’ claim ; denies so much of the petition as states the grounds for an attachment; sets up that the attachment was wrongfully sued out; and by way of set-off, claims damages for such wrongful act. On plaintiffs’ motion, so much of the answer as took issue upon the. cause stated in the petition for an attachment, was stricken out. A replication was filed, denying the set-off ; a trial had, and verdict fi.r plaintiffs upon that issue, as…
1Opinion of the CourtWrig-ht, C. J.
The defendant could not claim a trial in this action, of the truth of the matters alleged as the cause for the attachment. There was no error, therefore, in striking so much of the answer, as sought to make this issue, from the files. Sackett, Belcher & Co. v. Partridge & Cook, 4 Iowa, 416; Bowen et al. v. Gilkison et al., 7 Ib., 503. This remedy is upon the bond.
No question arises as to the claim of plaintiff, for that is admitted. The instructions given and objected to, relate to the set-off, and particularly to the effect of the chattel mortgage.
The affidavit,, as a cause for the…
2Cases cited6 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Cowles & Co. v. RickettsSupreme Court of Iowa · 1855
- Sackett, Belcher & Co. v. PartridgeSupreme Court of Iowa · 1857
- Bebb v. PrestonSupreme Court of Iowa · 1855
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3Cited by39 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- McLaren v. HallSupreme Court of Iowa · 1868
- Winner v. HoytWisconsin Supreme Court · 1886
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Van Patten v. BurrSupreme Court of Iowa · 1879
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