Ryder v. Thomas
Supreme Court of Iowa
Appeal from GUnton Gwewit Govri. Action on a promissory note and an account. The petition asked for an attachment, alleging as grounds therefor, “that the defendant is about to dispose of his property with intent to defraud his creditors.” An attachment bond was executed and the writ issued.
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Appeal from GUnton Gwewit Govri. Action on a promissory note and an account. The petition asked for an attachment, alleging as grounds therefor, “that the defendant is about to dispose of his property with intent to defraud his creditors.” An attachment bond was executed and the writ issued. The defendant by answer admitted the indebtedness alleged in the petition, and, by way of cross demand upon the attachment bond, alleged that the cause stated for the attachment was false, and that the writ was procured and levied willfully, maliciously and wrongfully to defendant’s damage $500; that…
1Opinion of the CourtCole, J.
It is enacted by our code (Kev., § 2960), “ in an action, set-off, counterclaim or cross demand on a bond with conditions, the party suing thereon shall, in his pleading, notice the conditions and allege facts constituting the breach or breaches relied on.” The pleading demurred to is vulnerable to the objection that the conditions of the bond are not noticed m the pleadmg. It is true that a copy of the bond is annexed to the cross demand as an exhibit, but that is not a compliance with the requirements of the above section. Again, the pleading does not allege the facts constituting the…
2Cited by4 opinions
- Hencke v. JohnsonSupreme Court of Iowa · 1883
- Knapp & Spalding Co. v. Barnard & Co.Supreme Court of Iowa · 1889
- Horner v. HarrisonSupreme Court of Iowa · 1873
- State ex rel. Rife v. ReynoldsMissouri Court of Appeals · 1909