Hagan v. Burch
Supreme Court of Iowa
Appeal from, the Henry District Court. Action on an open account, for the price of work and labor, and boarding, commenced by attachment. The petition, affidavit for attachment, and attachment bond, were filed on the 29th of November, 1857, and the writ of attachment was issued the same day. The original notice is dated the 30th, and the sheriff’s memorandum shows that he received it that day.
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Appeal from, the Henry District Court. Action on an open account, for the price of work and labor, and boarding, commenced by attachment. The petition, affidavit for attachment, and attachment bond, were filed on the 29th of November, 1857, and the writ of attachment was issued the same day. The original notice is dated the 30th, and the sheriff’s memorandum shows that he received it that day. The defendant moved that the writ of attachment be quashed, because it was issued before the commencement of the action, which motion was overruled. The defendant answered: First. That he did not owe ;…
1Opinion of the CourtWoodward, J.
The defendant’s motion to quash the attachment was overruled, which is the first error assigned. We do not think the objection substantial. Section 1717 of the Code, directs the sheriff to note on the original notice the time of its receipt, and section 1663 enacts that the delivery of the notice to the sheriff, with the intent that it be served immediately, is a commencement of the action. But it will be noticed that this latter provision, is contained in the chapter (99) which relates to the limitation of actions. Tire intention here is, that when the precise time of the commencement of an…
2Cited by13 opinions
- Coffman v. BrandhoefferNebraska Supreme Court · 1891
- Reed v. Chubb Brothers, Barrows & Co.Supreme Court of Iowa · 1859
- Elder v. RourkeOregon Supreme Court · 1895
- Northern Indiana Railway Co. v. Lincoln National BankIndiana Court of Appeals · 1910
- Barney v. FlowerSupreme Court of Minnesota · 1881
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