Miller v. F. Beck & Co.
Supreme Court of Iowa
• Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Action at law upon an attacbment bond to recover damages for tbe alleged wrongful suing out of an attacbment. Defense, a general denial, and an ■ affirmative plea to tbe ■effect that tbe damages claimed by plaintiff have been paid by tbe recovery of judgment for tbe identical items claimed in this case in an action wherein plaintiff recovered upon an attacbment bond against, other attaching creditors.
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• Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Action at law upon an attacbment bond to recover damages for tbe alleged wrongful suing out of an attacbment. Defense, a general denial, and an ■ affirmative plea to tbe ■effect that tbe damages claimed by plaintiff have been paid by tbe recovery of judgment for tbe identical items claimed in this case in an action wherein plaintiff recovered upon an attacbment bond against, other attaching creditors. Tbe case was tried to a jury, resulting in a verdict-and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDeemeR, J.
*5771 *576— It appears from tbe evidence that F, Beck & Co., and a co-partnership styled Shaber, Peinthal & Co., were creditors of Peter C. Miller. Apprehensive of their claims, they placed them in tbe bands of appellants’ counsel, who brought actions upon tbe separate accounts, each of *577which was aided by attachment, and directed the sheriff to levy upon certain property belonging to Miller. The writs were issued at the same time, but the sheriff, by direction of counsel, made levy of the Beck & Oo. writ first. The othei writ, in so far as the personal property is concerned, was lev-ied subject to the…
2Cases cited15 opinions
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- City of Chicago v. BabcockIllinois Supreme Court · 1892
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- Knapp v. . RocheNew York Court of Appeals · 1884
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