Valley Bank of Clarinda v. Shenandoah National Bank
Supreme Court of Iowa
Appeal from Page District Gourt. — How. Waltek I. Smith, Judge.' ActioN was begun by tbe plaintiff against II. S. Wolff, November 16, 1882, and on the same day.a writ of attachment sued out, and levied on a large amount of personal property in tbe possession of tbe defendant.
Read the full summary
Appeal from Page District Gourt. — How. Waltek I. Smith, Judge.' ActioN was begun by tbe plaintiff against II. S. Wolff, November 16, 1882, and on the same day.a writ of attachment sued out, and levied on a large amount of personal property in tbe possession of tbe defendant. It thereupon intervened under section 3016 of tbe Code of 1873, claiming ownership thereof, and thereafter executed >a delivery bond by virtue of section 2996. Judgment «--was entered against Wolff, May 16, 1883, but the issues joined on the petition of intervention werei not tried and determined until July 12, 1895, and…
1Opinion of the CourtLadd, J.
Tbe issues joined on the defendant’s petition of intervention were not determined in plaintiff’s favor until July 12, 1895, more than twelve years after it had obtained judgment against Wolff, the defendant in the original action. Even then no more was settled than that the defendant had no claim to the property. That was all that could be adjudicated in such a proceeding. Bank v. Wolf, 101 Iowa, 51. The defendant, however, had executed a delivery bond for the identical property in which it was adjudged to have 1 trio interest. This suit on that bond was begun in 1897, and the important…
2Cases cited13 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Foster v. NapierSupreme Court of Alabama · 1883
- Allerton v. EldridgeSupreme Court of Iowa · 1881
- Bischoff v. TheurerSupreme Court of Louisiana · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cox v. Southern Surety Co.Supreme Court of Iowa · 1929
- Russell v. DilleySupreme Court of Iowa · 1916
- Smyth v. Peters Shoe Co.Supreme Court of Iowa · 1900
- Springfield Savings Bank v. KjaerSupreme Court of Minnesota · 1901