Horner v. Harrison
Supreme Court of Iowa
Appeal from Kossuth District Court. Wednesday, October 22. This action is brought upon an attachment bond. The defendants demurred. The court overruled the demurrer and rendered judgment for plaintiff. Defendants appeal. The further facts are stated in the opinion.
1Opinion of the CourtMiller, J.
The petition alleges the execution of the bond by the defendants, notices the conditions, to wit, that they (defendants) would pay all damages which the plaintiff might sustain by reason of the wrongful suing out of the writ of attachment; and alleges that the attachment was wrongfully sued out. It fails, however, to allege any breach in the conditions of the bond; it does not allege the nonpayment of the *379damages which the plaintiff avers she has sustained. This averment is necessary under section 2960 of the Revision. This court so held in Ryder v. Thomas, 32 Iowa, 56. The demurrer should…
2Cases cited1 opinion
- Ryder v. ThomasSupreme Court of Iowa · 1871
3Cited by3 opinions
- Hencke v. JohnsonSupreme Court of Iowa · 1883
- Knapp & Spalding Co. v. Barnard & Co.Supreme Court of Iowa · 1889
- State ex rel. Rife v. ReynoldsMissouri Court of Appeals · 1909