Highway Equipment Co. v. Stafford

Defendant herein filed an amended counterclaim alleging a wrongful attachment as contrary to section 639.2, Code of Iowa, 1954, in that it was issued after the action was commenced, but without the filing of a separate petition or amendment to petition. It is his contention that, therefore, the court was without jurisdiction to order or issue the writ. The trial court dismissed the counterclaim and defendant appeals.

*125The sole question before us is whether under sections 639.1 and 639.2 a separate petition or amendment to petition is required after an original notice has been served and the…