Gourley v. Carmody
Supreme Court of Iowa
Appeal from Marshall District Court. Plaintiff brought his action before a justice of the peace, asking an-attachment- upon a note not due. Defendant moved to dissolve, which was sustained, and because of alleged errors in such ruling, plaintiff prosecuted *his writ of error to the District Court.' On the hearing there, the order of the- justice was reversed, and judgment rendered against defendant for the amount of plaintiff’s claim .and costs. Defendant appeals.
1Opinion of the CourtWeight, J.
l. amend-attachment proceeding, As we construe the justice’s transcript, plaintiff ashed leave to amend his petition, bond, and also writ,- before the submission of the motion to dissolve. It also appeared that an amended bond and petition were filed, and still the justice sustained the motion, and ordyed the attached property to be released. If under the statute the amendments were permissible, then to this extent the defects were cured. An examination of them satisfies us that the plaintiff did not do more than was his right under section 3212 of the Revision. The amendments to the petition…
2Cases cited2 opinions
- Wadsworth & Wells v. CheeneySupreme Court of Iowa · 1862
- Berry v. GravelSupreme Court of Iowa · 1860