Rausch v. Moore
Supreme Court of Iowa
Appeal from Tama Circuit Court. This is an action upon a judgment of the Circuit Court of La Salle county, Illinois. It is averred in the petition that the defendant is a non-resident of the State of Iowa. An attachment was issued, the return to which shows that it was levied upon the undivided interest of Maria A. Moore (defendant) in certain real estate.
Read the full summary
Appeal from Tama Circuit Court. This is an action upon a judgment of the Circuit Court of La Salle county, Illinois. It is averred in the petition that the defendant is a non-resident of the State of Iowa. An attachment was issued, the return to which shows that it was levied upon the undivided interest of Maria A. Moore (defendant) in certain real estate. The defendant appeared to the action and moved to discharge the attachment, upon the following grounds: 1. Eor want of a sufficient verification to the petition. 2. The only right the defendant had to the real estate, when the attachment…
1Opinion of the Court
Rothrook, Ch. J.
I. The verification to the petition is in these words:
1. VERIFICATION: att. “I, Gr. S. Eldridge, being duly sworn, on oath say that I am the agent of the plaintiff in the foregoing petition for the collection of the debt declared on in the above petition; that I have read the foregoing petition and know the contents thereof; that, as attorney for the late William Rausch, I obtained the judgment herein declared on, and am more conversant with the facts alleged in said petition! than is plaintiff himself, and the facts therein stated are true as I believe.
“And I further depose…
2Cases cited1 opinion
- Moore v. KentSupreme Court of Iowa · 1873
3Cited by18 opinions
- Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
- McAllister v. McAllisterSupreme Court of Iowa · 1918
- Guthrie County v. ConradSupreme Court of Iowa · 1907
- Ditson v. DitsonSupreme Court of Iowa · 1892
- Potter v. WorleySupreme Court of Iowa · 1881
13 more not listed; retrieve them via the Exa API.