State v. Gorley
Supreme Court of Iowa
Appeal from the MuscoMne District Court, Gorley was brought before a justice of tbe peace, to' answer the charge of having conveyed and assigned bis-goods, with intent to binder, delay and defraud bis creditors, in violation of section 2745 of the Code.
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Appeal from the MuscoMne District Court, Gorley was brought before a justice of tbe peace, to' answer the charge of having conveyed and assigned bis-goods, with intent to binder, delay and defraud bis creditors, in violation of section 2745 of the Code. This was on the 4th February, 1854, and at the request of defendant, the -examination was adjourned to the 6th of the same month, at 9 o1 clock, A. M. In accordance with the requirement of the magistrate, the defendant, with Cloud, as his surety, -entered into bond in the penalty of four hundred dollars, ■conditioned for his appearance at the…
1Opinion of the CourtWright, C. J.
It is claimed that the court below erred* in overruling defendants’ demurrer, and in rendering judgment for the^ state on the evidence above recited. We think the demurrer was correctly overruled. Chapter 198 of the Code, requiring the prosecuting attorney to sue out a scire facias, where default has been made, even if 'applicable to recognizances before justices, which may well be doubted, does not negative or preclude the right to proceed by action on the bond. This proceeding, under the old practice, would be technically an action of debt, and there can be no question but what at common…
2Cases cited4 opinions
- Abbott v. DraperNew York Supreme Court · 1847
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- State v. HumphriesIndiana Supreme Court · 1838
- State v. InmanIndiana Supreme Court · 1844
3Cited by20 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- McEvoy v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1920
- Tamimi v. TamimiAppellate Division of the Supreme Court of the State of New York · 1972
- Ewing v. United StatesCourt of Appeals for the Sixth Circuit · 1917
- California Beet Sugar Co. v. PorterCalifornia Supreme Court · 1886
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