Sweet, Dempster & Co. v. Oliver
Supreme Court of Iowa
Appeal from Marshall Circuit Court. The plaintiffs commenced an action against Mrs. A. E. Oliver, in which an attachment was issued and said Oliver’s real estate and personal property attached, and Mrs. O. E. "Webster garnished.
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Appeal from Marshall Circuit Court. The plaintiffs commenced an action against Mrs. A. E. Oliver, in which an attachment was issued and said Oliver’s real estate and personal property attached, and Mrs. O. E. "Webster garnished. Afterwards an amended petition was filed, reciting the matters aforesaid and stating that said Oliver had been engaged in business as a merchant, and had in her possession at the time the attachment was issued goods and merchandise of the value of about ten thousand dollars; that said Oliver had given to Mrs. Webster, at different times, mortgages on said merchandise…
1Opinion of the CourtSeevees, J.
i. equitable injunction1]: duvuefmortsas®‘ It will be observed the petition does not allege the insolvency of Mrs. Webster. It is not deemed es-sent‘al set out at length the allegations of the ailswer. It being, we think, sufficient to state that it denies all fraud and asserts the mortgages were given to secure actual indebtedness or liabilities assumed by Mrs. Webster for the mortgagor. It was averred Mrs. Webster was solvent and able to pay any judgment that might be obtained against her as garnishee. Affidavits were read at the hearing to dissolve, but the allegation as to the solvency of…
2Cases cited2 opinions
- Hanlin v. ParsonsSupreme Court of Iowa · 1871
- Silverman, Lindauer & Co. v. KuhnSupreme Court of Iowa · 1880
3Cited by6 opinions
- Maxwell v. Bank of New RichmondWisconsin Supreme Court · 1898
- Neustadter Bros. v. DoustIdaho Supreme Court · 1907
- Treanor v. Sheldon BankSupreme Court of Iowa · 1894
- Hamburger Apparel Co. v. WernerWashington Supreme Court · 1943
- McCormick Harvesting Machine Co. v. De La MaterSupreme Court of Iowa · 1901
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