Lease v. Franklin
Supreme Court of Iowa
Appeal from Washington District Gov/rt. — Hon. D. Ryan, Judge. Action commenced before a justice of the peace on an account, aided by attachment. The defendant filed a motion to discharge the attached property as exempt from execution to the defendant as the head of a family. Evidence, both in support and resistance of the motion, was introduced.
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Appeal from Washington District Gov/rt. — Hon. D. Ryan, Judge. Action commenced before a justice of the peace on an account, aided by attachment. The defendant filed a motion to discharge the attached property as exempt from execution to the defendant as the head of a family. Evidence, both in support and resistance of the motion, was introduced. The justice at the trial gave judgment for the plaintiff on his account for eighty-four dollars, and overruled the motion to dismiss the attachment.. The plaintiff, by writ of error, took the case to the district court, where the action of the…
1Opinion of the CourtGrRANGEE, J.
The amount in controversy is less than one hundred dollars, and we must look to the certificate of the district court alone for the question of law we are to determine. "We are not permitted to determine questions of fact from the abstract or transcript. The district' court certified the following question of law, which is the only one we find it important to discuss:
u Question of law: (1) A motion was made in the justice of peace’s court by the defendant, under section 3018 of the Code, in this action of attachment, to discharge the attached property because the same was exempt from…
2Cases cited3 opinions
- State v. RoneySupreme Court of Iowa · 1873
- Lane & Wilson v. GoldsmithSupreme Court of Iowa · 1867
- Cooper v. MillerSupreme Court of Iowa · 1860
3Cited by5 opinions
- Cox v. AllenSupreme Court of Iowa · 1894
- Anthes v. BooserSupreme Court of Iowa · 1900
- Yarcho v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
- A. A. Doolittle & Co. v. PorterSupreme Court of Iowa · 1910
- Citizens St. Bk. of New Sharon v. HaworthSupreme Court of Iowa · 1928