Stadler Bro. & Co. v. Parmlee
Supreme Court of Iowa
Appeal from, Warren District Court. The action is brought upon three promissory notes, and a writ of attachment is sued out. A motion to quash the attachment, and a demurrer to the petition, filed by the defendant, were overruled; and a demurrer of the plaintiff to the answer was sustained, and judgment was rendered in favor of the plaintiffs. The defendant appealed.
Read the full summary
Appeal from, Warren District Court. The action is brought upon three promissory notes, and a writ of attachment is sued out. A motion to quash the attachment, and a demurrer to the petition, filed by the defendant, were overruled; and a demurrer of the plaintiff to the answer was sustained, and judgment was rendered in favor of the plaintiffs. The defendant appealed. I. The affidavit “ must state that the affiant verily lelieves the defendant ” is liable to attachment, and it is not sufficient to state the causes, of attachment to the “best of” plaintiffs’ “ knowledge and belief.” Code of…
1Opinion of the CourtWoodwakd, J.
In tbe petition for tbe attachment, tbe plaintiffs allege that, “to tbe best of their knowledge and belief, the defendants have disposed of their property in part, and are about to dispose of it in whole, with intent ” &g. Tbe attorney, in making affidavit to this petition, avers that tbe statements are true “ to tbe best of bis knowledge and belief.” Tbe motion to quash is upon tbe ground that the petition and affidavit are insufficient. Tbe law requires tbe affiant to declare that be “verily believes” that tbe other party has done, or is about to do, tbe objectionable act. To say that to…
2Cases cited1 opinion
- Reed v. Chubb Brothers, Barrows & Co.Supreme Court of Iowa · 1859
3Cited by9 opinions
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
- Willman v. FriedmanIdaho Supreme Court · 1894
- Bankers' Iowa State Bank v. JordanSupreme Court of Iowa · 1900
- Ragan v. DaySupreme Court of Iowa · 1877
- Branch of the State Bank v. MorrisSupreme Court of Iowa · 1862
4 more not listed; retrieve them via the Exa API.