Howard County v. Kyte
Supreme Court of Iowa
Appeal from Howard Circuit Court. The defendant FrankKyte was treasurer of Howard county. He became a defaulter in a large amount of money, and the plaintiff commenced an action in attachment against him. J. De Noyelles, a creditor of Kyte, also commenced an action in attachment.
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Appeal from Howard Circuit Court. The defendant FrankKyte was treasurer of Howard county. He became a defaulter in a large amount of money, and the plaintiff commenced an action in attachment against him. J. De Noyelles, a creditor of Kyte, also commenced an action in attachment. The writs of attachment were levied upon certain personal property of Kyte, and this controversy involves the question as to the rights of the plaintiff and the intervenor in the proceeds of the sale of certain grain by the sheriff. The sale was made upon the attachment issued in the action instituted by the…
1Opinion of the CourtRotheock, J.
Both the action by plaintiff and that by the intervenor were commenced on the eleventh day of July, 1877, and the returns of the sheriff on the writs of attachment show that the writs were placed in the hands of the sheriff at the same time. It is true that on July 13, 1877, the plaintiff filed another petition, precisely like the original one, and on which the judge of the circuit court indorsed an order allowing a writ of attachment, and a second writ issued on that day, which was also levied upon property of Kyte. The second petition was no doubt filed and the writ issued in the belief…
2Cases cited1 opinion
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
3Cited by10 opinions
- Sims v. JonesNebraska Supreme Court · 1898
- Riddle v. DowSupreme Court of Iowa · 1896
- Rodgers v. OliverSupreme Court of Iowa · 1925
- In Re Estate of GroomsSupreme Court of Iowa · 1927
- Pierre v. PierreSupreme Court of Iowa · 1930
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