Tisdale v. Major
Supreme Court of Iowa
Appeal from Wapello District Gourt. — Hon. T. M. Fee, J udge. Action at law, aided by attachment, to recover an amount alleged to be due from the defendants Deitrich & Capell, and the members of that firm, on a promissory note and on accounts. C. W. Major, as assignee of the defendants, intervened. There was a trial by the court without a jury, and a judgment in favor of the plaintiff. The intervener appeals.
1Opinion of the CourtRobinson, J.
The writ of attachment was issued on the alleged grounds that the defendants were about to dispose of their property with intent to defraud their creditors, and that they had disposed of their property, in whole or in part, with intent to defraud their creditors. The writ was levied upon certain real estate in the city of Ottumwa. The defendants appeared to the action, and filed an answer, in which they admitted that they were indebted to the plaintiff on the note and accounts in suit to the amount claimed, but alleged that the attachment was wrongfully and maliciously sued out, and that on…
2Cases cited11 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- Trawick v. Martin Brown Co.Texas Supreme Court · 1890
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- Shepard v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1889
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3Cited by5 opinions
- Columbus Finance, Inc. v. HowardOhio Supreme Court · 1975
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Ames v. ChirurgSupreme Court of Iowa · 1911
- New Sharon Creamery Co. v. KnowltonSupreme Court of Iowa · 1906