Hannahs v. Felt
Supreme Court of Iowa
Appeal from, Ghiclcasaw District Court. Suit by attachment commenced in July, 1861. The cause was continued till the July Term, 1862, at which time counsel for the defense moved the "court for an order to release the property attached, on the ground that the defendant was in the actual military service of the country. The motion was sustained, and the plaintiff appeals. I. The act upon which the appellee relies does not apply to goods held by virtue of an attachment.
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Appeal from, Ghiclcasaw District Court. Suit by attachment commenced in July, 1861. The cause was continued till the July Term, 1862, at which time counsel for the defense moved the "court for an order to release the property attached, on the ground that the defendant was in the actual military service of the country. The motion was sustained, and the plaintiff appeals. I. The act upon which the appellee relies does not apply to goods held by virtue of an attachment. See Laws 1862, p. 128. It was subsequently amended by the Legislature, in extra session. Laws of Extra Session, 1862, p. 9. II.…
1Opinion of the CourtLowe, J.
The motion referred to was based upon the first section of an act to exempt the property of Iowa volunteers in the military service of the United States from levy, or sale, approved April 7th, 1862.
We are not of the-opinion that the language of said section is sufficiently comprehensive to include property levied upon by the attaching process. Indeed, the enacting clause of said section limits, in terms, the exemption aforesaid to levies or sales under deeds of trust or mortgages, or under and by virtue of any execution issued upon the judgments and decrees of the Court, and not otherwise.
If…
2Cases cited3 opinions
- Carter v. ChampionSupreme Court of Connecticut · 1831
- Lyon v. SanfordSupreme Court of Connecticut · 1825
- People ex rel. Swan v. CameronIllinois Supreme Court · 1845
3Cited by16 opinions
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- Shaw v. City CouncilSupreme Court of Iowa · 1905
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Baird v. TriceTexas Supreme Court · 1879
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