Van Winkle v. A. J. Stevens & Co.
Supreme Court of Iowa
Appeal from Polk District Court. ACTION on a note. Judgment for plaintiff, and appellant appeals. The questions raised by the appellant are stated in the opinion of the court.
1Opinion of the CourtWright, C. J.
Where the petition which contained a Statement of the plaintiff’s cause of action, asked an attach*265ment for a sufficient cause, and was properly verified, and where a writ of the attachment was issued in the case several áays afterwards. Held, that it was properly issued, and that it was not necessary for plaintiff to file another petition asldng for such a writ.
Held, also, that the provision of the Code, section 1847, requiring a separate petition, applies to cases where the attachment is sought after the commencement of the action, and not where it is asked at the time of its commencement.
The…
2Cases cited1 opinion
- Churchill v. FulliamSupreme Court of Iowa · 1859
3Cited by2 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Fletcher & Son v. GordonSupreme Court of Iowa · 1935