Lord v. Wood
Supreme Court of Iowa
Appeal from Wright District Oourt. — HoN. J. R. WhitaKKE, Judge. ActioN by plaintiff, a copartnership, aided by an attachment, on an account for merchandise sold and delivered to defendant. The answer admits the account sued upon,, and in a separate count sets up a counterclaim, based on the attachment bond, for damages alleged to have been caused by the wrongful suing out of the writ. A jury trial was had, resulting in a verdict in favor of defendant.
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Appeal from Wright District Oourt. — HoN. J. R. WhitaKKE, Judge. ActioN by plaintiff, a copartnership, aided by an attachment, on an account for merchandise sold and delivered to defendant. The answer admits the account sued upon,, and in a separate count sets up a counterclaim, based on the attachment bond, for damages alleged to have been caused by the wrongful suing out of the writ. A jury trial was had, resulting in a verdict in favor of defendant. Judgment was rendered on the verdict, and plaintiff appeals.
1Opinion of the Court
Bishop, O. J.
At the time in question appellee was a retail druggist doing business atWoolstock, Wright county» *305The attachment writ was levied upon his stock of goods, and the sheriff took possession of the store. This occurred January 17, 1901. After the counterclaim, which included an item of damages for depreciation in value and injury to the stock, was filed, and on February 20, 1901, the plaintiff applied to the sheriff for an order for the sale of the attached property in accordance with the provisions of chapter 101, Acts 27th General Assembly. Pursuant thereto the sheriff summoned a…
2Cases cited6 opinions
- Morris v. SargentSupreme Court of Iowa · 1864
- Vorse v. PhillipsSupreme Court of Iowa · 1873
- Antrobus v. ShermanSupreme Court of Iowa · 1884
- Tufts v. McClure Bros.Supreme Court of Iowa · 1875
- Deere, Wells & Co. v. BagleySupreme Court of Iowa · 1890
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