Bates v. Robinson
Supreme Court of Iowa
Appeal from the Greene District Court. This' action was commenced by attachment, the petition alleging, that the defendant lias property, goods, or money, or lands and tenements, or choses in- action, which he refuses to give in payment or security of the debt. On motion of the defendant, the court quashed the writ of attachment, from which order the plaintiff appeals. The other material facts, are sufficiently stated in the opinion of the court.
1Opinion of the CourtWoodward, J.
This is an appeal from a decision of the court, in quashing and setting aside a writ of attachment. The attachment was sued out under the act of January 21th, 1853, (acts 1853,113), and the averments and affidavit are substantially in the usual manner.
I. The first cause assigned for the motion is, that the petition does not state, with a reasonable certainty of meaning, that the defendant has any property not exempt, &c., his statement being in the alternative, that he has “property, goods, or money, or lands, or choses in action.” The defendant argues that it is void for uncertainty, and…
2Cases cited1 opinion
- Danforth, Davis & Co. v. CarterSupreme Court of Iowa · 1855
3Cited by9 opinions
- In re BellahDistrict Court, D. Delaware · 1902
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- Norton v. HaugeSupreme Court of Minnesota · 1891
- Bantley v. FinneyNebraska Supreme Court · 1895
- Chittenden & Co. v. HobbsSupreme Court of Iowa · 1859
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