Cawker City State Bank v. Jennings
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. G-eorge W. Wakefield, Judge. June, 15, 1891, the plaintiff commenced this action to recover of the defendant two thousand dollars and interest upon a promissory note for that amount, dated December 4, 1890. The plaintiff also sued out an attachment, alleging as ground therefor that the defendant was a nonresident of the state of Iowa.
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Appeal from Harrison District Court. — Hon. G-eorge W. Wakefield, Judge. June, 15, 1891, the plaintiff commenced this action to recover of the defendant two thousand dollars and interest upon a promissory note for that amount, dated December 4, 1890. The plaintiff also sued out an attachment, alleging as ground therefor that the defendant was a nonresident of the state of Iowa. The defendant answered under oath denying that he signed or authorized the signing of his signature to said note, and asking by way of counterclaim to ■ recover damages for the wrongful suing out of said attachment.…
1Opinion of the CourtGiven, J.
i. attachment: t^pemon^ Bífeet I. The attachment in this case was issued upon the plaintiff declaring that defendant was indebted as charged in the first count of the petition. The sole issue joined on that coun£ wag whether the defendant executed the promissory note therein declared upon. If he did, he was indebted in the amount evidenced by *233the note; if he did not, the plaintiff was not entitled to recover on that count. The plaintiff was not entitled to an attachment unless there were more than five dollars due on its demand. Code, section 2953. The jury found against the plaintiff on the…
2Cases cited4 opinions
- Phoenix v. LambSupreme Court of Iowa · 1870
- Young v. BroadbentSupreme Court of Iowa · 1867
- Bundy v. McKeeSupreme Court of Iowa · 1870
- Brooks v. WestoverSupreme Court of Iowa · 1884
3Cited by9 opinions
- Armstrong v. James & Co.Supreme Court of Iowa · 1912
- Ricker v. DavisSupreme Court of Iowa · 1913
- Nodle v. HawthornSupreme Court of Iowa · 1899
- Cohn v. BrombergSupreme Court of Iowa · 1919
- Hess v. McCardellSupreme Court of Iowa · 1918
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