Ramsey v. Coolbaugh
Supreme Court of Iowa
Appeal from Henry District Court. On the 26th day of January, 1856, plaintiff sued one McFaul in the District Court of Des Moines county, and obtained an attachment, which was levied upon some $30,000 worth of pork. McFaul was a non-resident of the state, and was not served. On the 29th of that month, McFaul released this property by executing a delivery bond, with defendants, Ooolbaugh & Brooks, as his sureties.
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Appeal from Henry District Court. On the 26th day of January, 1856, plaintiff sued one McFaul in the District Court of Des Moines county, and obtained an attachment, which was levied upon some $30,000 worth of pork. McFaul was a non-resident of the state, and was not served. On the 29th of that month, McFaul released this property by executing a delivery bond, with defendants, Ooolbaugh & Brooks, as his sureties. This bond was payable to plaintiff, and in the form required by the statute. In April, 1856, McFaul appeared by his attorney, and filed his petition for the removal of the cause to…
1Opinion of the CourtWright, J.
— The respective claims of the parties to this important controversy, may be stated thus: Appellant insists that the action of the State Court in reference to the new bond, and its effect upon the first sureties, was coram nonjudice and void, that the Federal Court did not discharge the defendants from their obligation, nor intend to do so, and that all proceedings by parties, clerk or court, based upon the void order aforesaid, could not discharge these sureties from their liability. Appellees insist, on the other hand, that this order was not void, that they are sureties, that they were…
2Cases cited2 opinions
- Gordon v. LongestSupreme Court of the United States · 1842
- Kanouse v. MartinSupreme Court of the United States · 1854
3Cited by2 opinions
- Aulman v. AulmanSupreme Court of Iowa · 1887
- Preston v. McNeil Lumber Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1906