Elliott v. A. J. Stevess & Co.
Supreme Court of Iowa
Appeal from, Polk District Court. Action on a certificate of deposit. Tbe petition was filed on tbe lltb day of August, 1857, and set forth sufficient cause for an attachment. On the same day an attachment bond in tbe sum of $685 was filed and a writ of attachment issued, directed to the sheriff of Polk county. Under this writ the sheriff attached certain personal property of defendant.
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Appeal from, Polk District Court. Action on a certificate of deposit. Tbe petition was filed on tbe lltb day of August, 1857, and set forth sufficient cause for an attachment. On the same day an attachment bond in tbe sum of $685 was filed and a writ of attachment issued, directed to the sheriff of Polk county. Under this writ the sheriff attached certain personal property of defendant. On the 3d day of September, in the same year, another writ was issued to the same officer, without the filing of an additional affidavit or bond. Under this writ certain real estate of the defendant was taken.…
1Opinion of the Court
Lowe, 0. J.
Two motions below were made to quash the attachment, and the action of the court in overruling them is assigned for error in this court.
We will very briefly consider the following questions which make up the substance of those motions:
1. When the original ¡proceedings in a suit are by attachment, will the writ of attachment be regarded as having been issued and levied before the commencement of the suit if such issuing and levying occurred prior to the time that the original notice to the defendant, of the pendency of the suit, Avas placed in the hands of the sheriff, and a return…
2Cited by7 opinions
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- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
- Wilhelm v. FimpleSupreme Court of Iowa · 1870
- Proska v. McCormickSupreme Court of Iowa · 1881
- Fritz v. FritzSupreme Court of Iowa · 1894
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