Westphal, Hinds & Co. v. Sherwood
Supreme Court of Iowa
Appeal from Delaware District Oourt. The original notice was served on the defendants on the sixteenth of October, 188b. It required them to answer on the second day of the term of the district court, which commenced on the twenty-seventh of that month. A writ of attachment was sued out, and placed in the hands of the sheriff on the day on which the suit was instituted.
Read the full summary
Appeal from Delaware District Oourt. The original notice was served on the defendants on the sixteenth of October, 188b. It required them to answer on the second day of the term of the district court, which commenced on the twenty-seventh of that month. A writ of attachment was sued out, and placed in the hands of the sheriff on the day on which the suit was instituted. This writ commanded the sheriff to attach property of the defendants sufficient to satisfy the amount of damages claimed by plaintiffs. It also contained the following directions: “And of this writ you will make due and legal…
1Opinion of the CourtEeed, J.
1. attach-language^!! limeof makinBreturn. A question which was argued by counsel is whether the direction to the sheriff to serve the attachment, and make his return to the court on or before the first day of the next term, is a material part „ , , . . „ , ot the writ, lhe only provision of the statute with reference to the form of the writ is that contained in section 2962 of the Code, which is as follows: £kThe clerk shall issue an attachment, directing the sheriff of the county therein named to attach the property of the defendant to the requisite amount therein stated.”
The ordinary form…
2Cases cited1 opinion
- Wadsworth & Wells v. CheeneySupreme Court of Iowa · 1862