Currens v. Ratcliffe
Supreme Court of Iowa
Appeal from Marshall District Court. Aciioif on a promissory note. The petition contained, allegations of cause for a writ of attachment, which was issued.
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Appeal from Marshall District Court. Aciioif on a promissory note. The petition contained, allegations of cause for a writ of attachment, which was issued. The other facts necessary to an understanding of the case, are presented in the opinion of the court. . The plaintiff appeals. relied upon the Code of 1851, section 185, 1876; The People V. Covert, 1 Hill 674; The People v. Bartlett, 6 Wend. 422; The People v. White 24 lb. 539; The People v. Stevens, 5 Hill 616; The People v. Cook, 14 Barb. S. C. R. 259, and 258. 1 Phill. Ev. 107 and notes referred to.
1Opinion of the Court
Stockton, J
The plaintiff sued out a writ of attachment against the property of defendant, and by his attorney applied to the clerk of the District Court, to appoint a suitable person to execute the process; the attorney in support of the application making an affidavit to the effect, “that the sheriff of the county was partial in the administration of his office, and does not execute process to the best of his ability, in the manner required by law; that affiant verily believed he would be partial in the cause, and damage the plaintiff thereby, and that the coroner was absent from the county…
2Cited by4 opinions
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- Minott v. VineyardSupreme Court of Iowa · 1860
- Pickard v. MarshOregon Supreme Court · 1912