Legal Opinion

Collins v. Collins

Supreme Court of Iowa

Decided October 27, 1908PublishedCited by 8 opinions

Appeal from Davis District Court. — Hon. D. M. Anderson, Judge. Suit on promissory notes executed by the defendant. A jury ivas waived and the case tried to the court, and plaintiff recovered a judgment for a part of his claim. The defendant appeals.

1Opinion of the CourtSherwin, J.

The plaintiff is the administrator of the estate of Caleb Collins, and brought this suit on a promissory note for $4,619, dated September 6, 1904, *704and due one year after date. Tbe note provided for interest at the rate of 7 per cent, per annum, and provided for compounding tbe same. Tbe petition alleged that tbe defendant was a nonresident of tbe State, and asked that a writ of attachment issue as provided by statute. A proper bond was filed, and a writ was issued on September 7, 1905. Levy under said writ was made on tbe defendant’s undivided interest in a tract of land situated in Davis…

2Cases cited5 opinions

  1. Sargeant v. ButtsSupreme Court of Vermont · 1849
  2. Johns v. BaileySupreme Court of Iowa · 1876
  3. Tharp v. TheroSupreme Court of Iowa · 1900
  4. Davidson v. CarterSupreme Court of Iowa · 1880
  5. Leightman v. KadetskaSupreme Court of Iowa · 1882

3Cited by8 opinions

  1. Weinsklar Realty Co. v. DooleyWisconsin Supreme Court · 1930
  2. Scott v. People's Monthly Co.Supreme Court of Iowa · 1929
  3. Greenlease-Lied Motors v. SadlerSupreme Court of Iowa · 1933
  4. Gooch v. GoochSupreme Court of Iowa · 1916
  5. Pederson v. StevensSupreme Court of Iowa · 1950

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