Reed v. Chubb Brothers, Barrows & Co.
Supreme Court of Iowa
Appeal from, Scott District Court. ' Action to recover the amount of two certificates of deposit. The petition contains allegations of cause for an attachment. An attachment bond was filed with the petition, and a writ was immediately issued. The defendants, by their answer, set up damages sustained by reason of the wrongful suing out of the writ, as an offset to plaintiff’s claim. A demurrer to the answer was sustained, and judgment rendered for plaintiff.
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Appeal from, Scott District Court. ' Action to recover the amount of two certificates of deposit. The petition contains allegations of cause for an attachment. An attachment bond was filed with the petition, and a writ was immediately issued. The defendants, by their answer, set up damages sustained by reason of the wrongful suing out of the writ, as an offset to plaintiff’s claim. A demurrer to the answer was sustained, and judgment rendered for plaintiff. Defendants appeal. I. The question whether a cause of action on the attachment bond existed at commencement of the action, cannot be…
1Opinion of the CourtStockton, J.
The statute in relation to set-off, provides that the defendant may set off against the plaintiff’s demand, any claim held by him at the time of the commencement of the suit, which would have been the subject of an action against the plaintiff. The question in this case is, whether a cMm for damages sustained by reason of the wrongful suing out of a writ of attachment, is a claim held by defendant at the time the suit is commenced, in the sense of the statute, and may be pleaded by way of set-off in the oifigi-nal suit.
The suit is deemed, for some purposes, to be commenced by filing the…
2Cases cited1 opinion
- Hagan v. BurchSupreme Court of Iowa · 1859
3Cited by14 opinions
- Willman v. FriedmanIdaho Supreme Court · 1894
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
- Stadler Bro. & Co. v. ParmleeSupreme Court of Iowa · 1859
- Branch of the State Bank v. MorrisSupreme Court of Iowa · 1862
- Tacoma Mill Co. v. PerryWashington Supreme Court · 1903
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