Melhop v. Doane & Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. The original petition claimed $500 for a wrongful conversion by defendant of eight chests of tea and three boxes of spice.
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Appeal from Dubuque District Court. The original petition claimed $500 for a wrongful conversion by defendant of eight chests of tea and three boxes of spice. The defendants in their answer justified the taking of the property by pleading that the plaintiffs being indebted to them, they (the defendants) brought suit and sued out a foreign attachment against the plaintiffs herein, before a justice of the peace of Cook county, 111.; that a portion of the property in controversy was attached and sold to satisfy said indebtedness and the judgment obtained thereon, in the attachment proceeding, of…
1Opinion of the CourtMiller, J.
— I. The appellants first assign as ■error the overruling of their demurrer to the plaintiffs’ amended petition. Having answered the pleading demurred to they waived this objection, and hence the correctness of this ruling cannot be examined by this court. Eubank v. Whittaker, 11 Iowa, 197; Smith v. Taylor, id. 214; Mahaska County v. Ingalls, 14 id. 170; State v. Klingman, id. 404; Franklin v. Twogood, 18 id. 515.
II. The second, fourth, fifth, sixth, seventh and eighth errors assigned will be considered together. They involve the question of the effect of the foreign attachment proceedings in…
2Cases cited22 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- United States v. KnightSupreme Court of the United States · 1840
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Rape v. HeatonWisconsin Supreme Court · 1859
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3Cited by9 opinions
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- Dohms v. MannSupreme Court of Iowa · 1888
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- Kelly v. Norwich Fire InsuranceSupreme Court of Iowa · 1891
- Darrah v. WatsonSupreme Court of Iowa · 1872
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