Empire Mill Co. v. Lovell
Supreme Court of Iowa
Appeal from, Wright ,District Court. — Hon. S. M. Weaver, J udge. Plaintiff brought suit on a money demand, and sued out a writ of attachment. Defendant pleaded a counter-claim on the attachment bond for the wrongful suing out of the writ, on which he recovered. Plaintiff appeals.
1Opinion of the CourtReed, C. J.
« 1. Attachment: wrongful: sale of property under: damaI. The property seized on the attachment was a stock of merchandise. On the day following that on which the writ was levied, defend- . . „ ,, ant confessed ludgment m favor of another . J , • • n , n , creditor. An execution issued on that judgment was levied on the stock, and it *101was sold thereon; and at the time of the trial the proceeds were held by the sheriff to be applied as the court might direct. The court instructed that, if the attachment was wrongfully sued out, the measure of defendant’s actual damages would be the fair market…
2Cited by3 opinions
- Freeman v. LindSupreme Court of Iowa · 1900
- Cooley v. KillingsworthSupreme Court of Iowa · 1930
- Vincent, Albin & Strahl v. HinesSupreme Court of Iowa · 1924