Cramer v. White
Supreme Court of Iowa
Appeal from, Monroe Circuit Court. Thursday, August 4. The substance of the petition, filed April 24, 1869, and which asked an attachment, was, that certain creditors had obtained a judgment against the plaintiff and defendant, upon an account which defendant had agreed with plaintiff to pay; that plaintiff, to prevent an execution from issuing, had stayed said judgment, and that there was due plaintiff from defendant thereon the sum of $214, for which he asks judgment.
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Appeal from, Monroe Circuit Court. Thursday, August 4. The substance of the petition, filed April 24, 1869, and which asked an attachment, was, that certain creditors had obtained a judgment against the plaintiff and defendant, upon an account which defendant had agreed with plaintiff to pay; that plaintiff, to prevent an execution from issuing, had stayed said judgment, and that there was due plaintiff from defendant thereon the sum of $214, for which he asks judgment. Defendant moved to dissolve the attachment, because, by the petition, it appears that plaintiff did not have a right of…
1Opinion of the CourtWright, J.
i. practice : exceptions. The appeal (according to the notice thereof), is from the “ order that the attached properly be s°ld to satisfy the judgment.” And now appellee insists, that, as the objection to this order was oral, it cannot be reviewed by us. To this the answer is, first, that the language of the motion is comprehensive enough to cover the order overruling defendant’s motion to discharge the property, and this was in writing. And in the second place, as the ‘ ‘ decision was entered on the record, and the grounds of the exception *338appear in the entry,” the exception, being “noted at…
2Cases cited2 opinions
- McLaren v. HallSupreme Court of Iowa · 1868
- Raver v. WebsterSupreme Court of Iowa · 1856
3Cited by1 opinion
- Wilson v. WoodSupreme Court of Oklahoma · 1900