Carson & Rand Lumber Co. v. Knapp, Stout & Co. Co.
Supreme Court of Iowa
Appeal from, Keolculc Superior Court. — Hon. Henry Bank, Jr., Judge. The plaintiff and defendant are both corporations doing business in Lee county, Iowa. Both were creditors of Swiggett Bros., a firm doing business at Bosworth, Carroll county, Missouri. It coming to the knowledge of the parties that Swiggett Bros, were about to dispose of their property, each promptly dispatched its agent to collect or secure its claim.
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Appeal from, Keolculc Superior Court. — Hon. Henry Bank, Jr., Judge. The plaintiff and defendant are both corporations doing business in Lee county, Iowa. Both were creditors of Swiggett Bros., a firm doing business at Bosworth, Carroll county, Missouri. It coming to the knowledge of the parties that Swiggett Bros, were about to dispose of their property, each promptly dispatched its agent to collect or secure its claim. The defendant’s agent, one L. J. Ripley, came to the place of business of Swiggett Bros, about eleven o’clock a. m.', December 11. One member of the firm, George R. Swiggett,…
1Opinion of the CourtGranger, J.
1. Former adjudication: appearance only for leave to intervene. — I. A division of the answer sets up the facts as to the attachment suit of defendant (in this suit) against Swiggett Bros, in the circuit court of Carroll county, Missouri, and that the plaintiff herein “took leave to file its interplea in said court and cause, and did become subject to the jurisdiction of said court, and did elect thereby to prosecute its rights in said proceeding ; ” and alleges that the plaintiff is now estopped to prosecute the suit. To such allegations there was a *619denial. The allegations must be taken as…
2Cited by5 opinions
- Wyland v. GriffithSupreme Court of Iowa · 1895
- Shroeder v. WebsterSupreme Court of Iowa · 1893
- Turner v. Ottumwa Railway Electric & Steam Co.Supreme Court of Iowa · 1894
- Kunz v. YoungSupreme Court of Iowa · 1896
- Clark v. TracySupreme Court of Iowa · 1896