Citizens National Bank of Des Moines v. Converse
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. Action at law upon five promissory notes. A writ of attachment was issued, and levied upon -a stock of goods belonging to the defendant. Thereafter, a a receiver was appointed, and the goods were sold by order of court. Defendant admitted the execution of the notes, and pleaded a counterclaim for the wrongful suing out of the attachment. Trial to' a jury. Verdict and judgment for plaintiff, and defendant .appeals.—
1Opinion of the CourtDeemer, C. J.
1 — After the writ had been sued, out, plaintiff filed an amendment to its petition, in which it alleged, as an additional ground for an attachment,“that the debt was incurred for property obtained under false pretenses.” It further alleged that this ground existed at the time the original petition was filed, but that it was not informed of the fact until after the levy of the writ. Defendant moved to strike *671this amendment, but his motion was overruled. The court instructed the jury that, if this ground for attachment actually existed at the time the writ wa.s sued out, then it was not…
2Cases cited16 opinions
- Campbell v. . WoodworthNew York Court of Appeals · 1859
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- Davis v. ZimmermanMichigan Supreme Court · 1879
- Smith v. MitchellMichigan Supreme Court · 1863
- Thompson v. AndersonSupreme Court of Iowa · 1895
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3Cited by3 opinions
- Scott v. FrankSupreme Court of Iowa · 1903
- Emerson & Co. v. ConverseSupreme Court of Iowa · 1898
- Crowe v. CourseyMissouri Court of Appeals · 1980