National State Bank v. Boesch
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. J. M. Casey, Judge. Action, aided by attachment to recover the amount of certain promissory notes. The writ of attachment was levied upon a stock of merchandise and upon real estate. A receiver was afterwards appointed to take charge of the attached property, who entered upon the discharge of the duties of the receivership.
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Appeal from Des Moines District Court. — Hon. J. M. Casey, Judge. Action, aided by attachment to recover the amount of certain promissory notes. The writ of attachment was levied upon a stock of merchandise and upon real estate. A receiver was afterwards appointed to take charge of the attached property, who entered upon the discharge of the duties of the receivership. At a subsequent date, certain creditors of the defendants, C. P. Boesch & Son, filed a petition, in which they claimed,, and sought to have established, an interest in the property which had 'been delivered to the receiver. A…
1Opinion of the CourtRobiNSON, J.
This action was commenced on the sixteenth day of May, 1885, to recover of C. P. Boesch & Son the sum of fifteen thousand dollars, and the writ of attachment was levied on the same day. Two days later, the plaintiff, the National State Bank, filed an application for the appointment of a receiver, based on the grounds that, before the levy was made, C. P. Boesch & Son executed, or attempted to execute, a large number of mortgages upon the attached property; that Theo. G-uelich, claiming to represent many, or all of the mortgagees, was claiming the right of possession of the property, and that…
2Cases cited1 opinion
- McCue v. County of WapelloSupreme Court of Iowa · 1881
3Cited by7 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Hanson v. KlineSupreme Court of Iowa · 1907
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Loomis v. Des Moines News Co.Supreme Court of Iowa · 1900
- Caldwell v. DrummondSupreme Court of Iowa · 1905
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