Legal Opinion

Peters v. Snavely-Ashton

Supreme Court of Iowa

Decided May 8, 1909PublishedCited by 10 opinions

Appeal from, Johnson District Court. — Hon. R. P. Howell, Judge. Action to recover a sum of money from defendant by reason of the allegation that it has been withheld from plaintiffs, and by defendant converted to her own use. The action was aided by an attachment, which was served by garnishing Hon. Milton Remley, or Remley & Remley, attorneys for defendant. Defendant moved to dissolve the attachment, and the motion was sustained.

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Appeal from, Johnson District Court. — Hon. R. P. Howell, Judge. Action to recover a sum of money from defendant by reason of the allegation that it has been withheld from plaintiffs, and by defendant converted to her own use. The action was aided by an attachment, which was served by garnishing Hon. Milton Remley, or Remley & Remley, attorneys for defendant. Defendant moved to dissolve the attachment, and the motion was sustained. Defendant then pleaded a counterclaim for the wrongful suing out of the attachment. Plaintiffs thereupon dismissed their action, and the cause finally went to…

1Opinion of the CourtDeemer, J.

Plaintiffs in their petition alleged that defendant was indebted to them in the sum of $3,500 by reason of .the receipt by her of property belonging to Michael Snavely, deceased, which was devised and bequeathed to them by the said deceased. As grounds of attachment plaintiff alleged that the defendant is about to remove her property out of the State, without leaving sufficient remaining for the payment of her debts; that the defendant is a nonresident of the State; that the defendant is about to dispose of her property with intent to defraud her creditors; that she is about to remove her…

2Cases cited35 opinions

  1. Behrens v. McKenzieSupreme Court of Iowa · 1867
  2. Meek v. BriggsSupreme Court of Iowa · 1893
  3. Webster v. SteeleIllinois Supreme Court · 1874
  4. Porter v. KnightSupreme Court of Iowa · 1884
  5. Seay v. GreenwoodSupreme Court of Alabama · 1852

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3Cited by10 opinions

  1. James v. CannellWashington Supreme Court · 1925
  2. Ames v. ChirurgSupreme Court of Iowa · 1911
  3. Bishop v. Baird & BairdSupreme Court of Iowa · 1947
  4. Midland National Bank v. DouglasSupreme Court of Iowa · 1925
  5. Jefferson v. RustSupreme Court of Iowa · 1912

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