Legal Opinion
Williams v. Walker
Supreme Court of Iowa
Decided October 6, 1860Published
Appeal from Cerro Gordo District Court. Plaintiff sued Walker and Whitty and had certain lands attached as their property. One Hamlin appeared and moved to dissolve the attachment, which motion was sustained, and from this order plaintiff appeals.
1Opinion of the CourtWright, J.
Hamlin was not a party to the action. By *78what authority he was permitted to interpose the motion to dissolve, does not appear. There are some affidavits tending to show that he owned the lands attached. Admitting that he was the owner, he would have no right upon that ground to be heard in this way. This is well settled in the cases of Loring v. Edes, 8 Iowa 427; Whipple v. Cass, Ib. 126; Phillip v. Shelton, 6 Ib. 545.
The order dissolving the attachment is reversed.
2Cases cited1 opinion
- Loving v. EdesSupreme Court of Iowa · 1859