Fidelity & Deposit Co. v. Bowen
Supreme Court of Iowa
'Appeal from Linn District Court. — Hon. H. M. Hemley, Judge. In the fall of 1896 Josephine M. Bowen sued Caroline F. Nyere for damages, occasioned by tbe alienation of her husband’s affections. ' The action was aided by attachment, allowed in the sum of $2,000, and levied upon certain property.
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'Appeal from Linn District Court. — Hon. H. M. Hemley, Judge. In the fall of 1896 Josephine M. Bowen sued Caroline F. Nyere for damages, occasioned by tbe alienation of her husband’s affections. ' The action was aided by attachment, allowed in the sum of $2,000, and levied upon certain property. Thereupon she, with H. G. Offenbacker and Jacob Gerber as sureties, executed a bond for the performance of any judgment which might be obtained, not exceeding the extent of the levy, as authorized by section 2994 of the Code of 1873, and by stipulation of parties and the order of "court the attached…
1Opinion of the Court
Ladd,- J.'
boíadfwaiver -The original suit of Mrs. Bowen against Mrs. Nyere for the alienation of her husband’s affections Avas aided by a writ of attachment levied upon certain real estate. To release the levy, the defendant Gerber and one Offenbacker, as securities, executed a bond conditioned as required by section 2994 of the Code of 1873. The partios, by their attorneys, stipulated that this bond be accepted as sufficient, and that.the attached property be discharged from the levy, which was done. It is said that this acceptance by the parties cannot take the place of the approval…
2Cases cited13 opinions
- Frost v. LowryOhio Supreme Court · 1846
- State ex rel. Meeker v. McGlothlinSupreme Court of Iowa · 1883
- Richards v. CowlesSupreme Court of Iowa · 1898
- Fogel v. DussaultMassachusetts Supreme Judicial Court · 1886
- Mitchell v. De WittTexas Supreme Court · 1860
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3Cited by15 opinions
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