Schnitker v. Schnitker
Supreme Court of Iowa
Appel from Allmnakee District Court. — HoN. L. E. Fellows, Judge. This is an action on a promissory note aided by attachment The defendant admitted the execution of the-note, and filed a counterclaim for damages on the attachment bond growing out of the/alleged Wrongful issuance of the writ-The jury found the writ was wrongfully, but not maliciously,, sued out, and returned a verdict for plaintiff for an amount less than the full face of the note, with interest.
Read the full summary
Appel from Allmnakee District Court. — HoN. L. E. Fellows, Judge. This is an action on a promissory note aided by attachment The defendant admitted the execution of the-note, and filed a counterclaim for damages on the attachment bond growing out of the/alleged Wrongful issuance of the writ-The jury found the writ was wrongfully, but not maliciously,, sued out, and returned a verdict for plaintiff for an amount less than the full face of the note, with interest. After the verdict was returned, the following entry was made of’ record: “By agreement, plaintiff has judgment for $38, attorney’s…
1Opinion of the CourtDeemee., J.
The grounds of the motion to quash were-that plaintiff had already paid two hundred and sixtv dollars-of the cost-s taxed in the action, and that he held a judgment against the defendant for more than six hundred dollars, which was unpaid, and that he had notified the sheriff, who-then held an execution against the defendant for the collection of plaintiff’s judgment, to apply the defendant’s judgment 1 for attorney’s fees upon the execution and judg-men held by him against the defendant. It is evident that we cannot consider the ruling on the motion to strike. That motion was not made by the…
2Cases cited6 opinions
- Roaf v. KnightSupreme Court of Iowa · 1889
- County of Buena Vista v. I. F. & S. C. R.Supreme Court of Iowa · 1880
- Root v. HeilSupreme Court of Iowa · 1889
- Union Mercantile Co. v. ChandlerSupreme Court of Iowa · 1894
- Barbee v. Aultman, Miller & Co.Supreme Court of Iowa · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cooke v. HarringtonSupreme Court of Iowa · 1939