Mahnke v. Damon & Co.
Supreme Court of Iowa
Appeal from, the Scott District Court. This is an action on an attachment bond. The affidavit on which the attachment, issued, alleged, that on the belief of the affiant, the defendants in the attachment snit, were about to dispose of their property, without leaving sufficient remaining for the payment of their debts; that defendants had property, goods and money not exempt from execution, which they refuse to give, either in payment or .security of ■ said debt; and that…
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Appeal from, the Scott District Court. This is an action on an attachment bond. The affidavit on which the attachment, issued, alleged, that on the belief of the affiant, the defendants in the attachment snit, were about to dispose of their property, without leaving sufficient remaining for the payment of their debts; that defendants had property, goods and money not exempt from execution, which they refuse to give, either in payment or .security of ■ said debt; and that said defendants were, by selling fraudulently to third parties, about to dispose of their property, with intent to defraud…
1Opinion of the CourtWoodward, J.
Upon tbe question bere presented, there bas been a difference of opinion in tbe courts. Tbe subject is considered in Drake on Attachment, in sections 164 to 169, inclusive, and that writer takes tbe ground tbat tbe question of probable causéis not involved. Were tbe question unsettled, tbere might be a difference among tbe members of tbis court, but it was settled by tbis court, in the case of Winchester v. Cox and Shelley, from Polk county, at tbe June term of tbis court, in 1853, in which tbe court decided, tbat tbe plaintiff must aver tbat tbere was not sufficient cause for .believing, &c.
W…
2Cited by2 opinions
- Burton v. KnappSupreme Court of Iowa · 1862
- Davis v. MilburnSupreme Court of Iowa · 1856