Drummond v. Stewart
Supreme Court of Iowa
Appeal from the Monroe District Court. Tins was an action upon an attachment bond, sued out under the act of January 24, 1853, alleging that the writ was not only wrongfully sued out, but also wilfully wrong. The defendant pleaded a general denial, and certain special matters. The facts sufficiently appear in connection with the errors assigned. Yerdict and judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtWoodward, J.
I. The error first assigned is, that the court, refused a continuance at the term when the cause was tried. The record opens with the statement, that “ heretofore, to-wit: on the 28th of May, 1858, an amended petition was filed,” and it appears that the cause had been tried at a former term, when the verdict was against the defendant, but the judgment was arrested, and a new trial granted, and thereupon the plaintiff amended his petition ; and that this was a second trial, and at least a second term, but the record does not show when the action was commenced.
In this state of the case, the…
2Cases cited2 opinions
- Raver v. WebsterSupreme Court of Iowa · 1856
- McGinnis v. HartSupreme Court of Iowa · 1858
3Cited by6 opinions
- Flournoy & Epping v. Lyon & Co.Supreme Court of Alabama · 1881
- Hamilton v. MaxwellSupreme Court of Alabama · 1898
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Kurz v. BruschSupreme Court of Iowa · 1862
- Burton v. KnappSupreme Court of Iowa · 1862
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