Soesbe v. Lines
Supreme Court of Iowa
Appeal from Floycl District Court. — Joseph J. Clark, Judge. Action at law, originally brought on a contract for commission for the sale of real estate. In the main action, an attachment was issued, and defendant filed a counterclaim to recover damages on the attachment bond. Tlie case was tried to a jury, resulting in a verdict for the defendant in the main case, and for $5 actual damages and $125 exemplary damages on the counterclaim.
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Appeal from Floycl District Court. — Joseph J. Clark, Judge. Action at law, originally brought on a contract for commission for the sale of real estate. In the main action, an attachment was issued, and defendant filed a counterclaim to recover damages on the attachment bond. Tlie case was tried to a jury, resulting in a verdict for the defendant in the main case, and for $5 actual damages and $125 exemplary damages on the counterclaim. Judgment was rendered against plaintiff for these amounts, and the court taxed to plaintiff an additional sum of $65 as attorneys’ fees to defendant’s…
1Opinion of the CourtPreston, J.
Attachment : wrongful attachment : exemplary damages : excessive verdict. The entire record seems to have been brought here, including the pleadings, evidence and instructions on the trial of the main action, as well as the counterclaim. The abstract contains 155 pages. But appellant states in argument that a reversal of tlie judgment entered against him upon the defendant’s ooun*944ter claim is sought because, as he claims, no levy of attachment was in fact made, because the defendant’s interest in the iand was only an equitable interest, the legal title being in one Greene, and the levy and…
2Cases cited5 opinions
- Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
- Ahrens v. FentonSupreme Court of Iowa · 1908
- International Harvester Co. of America v. Iowa Hardware Co.Supreme Court of Iowa · 1909
- Lord v. WoodSupreme Court of Iowa · 1903
- Second National Bank v. LaninSupreme Court of Iowa · 1914
3Cited by5 opinions
- Brause v. BrauseSupreme Court of Iowa · 1920
- Gregory v. SorensonSupreme Court of Iowa · 1932
- Menin v. MeninNew York Supreme Court · 1974
- Thompson v. Mutual Ben. Health & Accident Ass'nDistrict Court, N.D. Iowa · 1949
- Hartman v. PetersonSupreme Court of Iowa · 1954