City National Bank v. Crahan
Supreme Court of Iowa
Appeal from Marshall District Court.— Hon. Obed Caswell, Judge. Action upon a promissory note executed by M. Crahan and M. E. Melvin, and upon an account at one time held by Melvin against Crahan and by Melvin guaranteed and assigned to the bank. The action was aided by an attachment, which was levied upon certain real property in the city of Marshalltown as the property of defendant, Crahan.
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Appeal from Marshall District Court.— Hon. Obed Caswell, Judge. Action upon a promissory note executed by M. Crahan and M. E. Melvin, and upon an account at one time held by Melvin against Crahan and by Melvin guaranteed and assigned to the bank. The action was aided by an attachment, which was levied upon certain real property in the city of Marshalltown as the property of defendant, Crahan. During the pending of the proceedings, Crahan died, and his administrator was substituted, as a defendant. E. IT. Helsell intervened, claiming that the attached property belonged to him. Issue was joined…
1Opinion of the CourtDeemer, J.
Whilst many questions were presented to the trial court during the course of the proceedings .before it, the only ones which are involved upon this -appeal relate to the judgment rendered on the petition of interven*232tion of B. IT. Iielsell. If there be error in that, then the judgment should be reversed, and the cause remanded for further proceedings against the attached property. On the other hand, if the judgment upon the petition of intervention be sustained, the case should be affirmed, for there is no claim that the court erred in failing to render judgment against Melvin or the…
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