Sherrill v. Fay
Supreme Court of Iowa
Appeal from Jones District Court. The petition in tbis cause was as follows: Your petitioner, David H. Sherrill, claims of the defendant, Horace A. Fay, the sum of two thousand six hundred and fifty-five dollars, as money justly due him from said defendant, and for cause of such claim states, that heretofore, to wit: On the night of the 16th day of November, A. d. 1860, the said defendant, at Madison Township, Jones County, Iowa, did willfully and maliciously destroy…
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Appeal from Jones District Court. The petition in tbis cause was as follows: Your petitioner, David H. Sherrill, claims of the defendant, Horace A. Fay, the sum of two thousand six hundred and fifty-five dollars, as money justly due him from said defendant, and for cause of such claim states, that heretofore, to wit: On the night of the 16th day of November, A. d. 1860, the said defendant, at Madison Township, Jones County, Iowa, did willfully and maliciously destroy buildings and other property belonging to the plaintiff; of which a just and true account is shown in exhibit A, hereto…
1Opinion of the CourtBaldwin, C. J.
Attachment. Motion to quash being overruled, defendant appeals.
It is first objected that the cause stated was not sufficient to justify the issuance of the writ. This action was com*294menced since the taking effect of the Revision, and upon the authority of The Branch of the State Bank of Iowa v. White, 12 Iowa, 141. It is not necessary to show an intention to defraud creditors in the affidavit for the writ.
It is next objected that the original petition was never presented to any Judge of the Supreme, District or County Court, for an allowance thereon of the amount in value of • the property…
2Cases cited2 opinions
- Branch of the State Bank of Iowa v. WhiteSupreme Court of Iowa · 1861
- Blakley v. BirdSupreme Court of Iowa · 1861
3Cited by5 opinions
- Shaffer v. SundwallSupreme Court of Iowa · 1871
- Wheelock v. WinslowSupreme Court of Iowa · 1863
- Durr v. HerveySupreme Court of Arkansas · 1884
- Magoon v. GillettSupreme Court of Iowa · 1880
- Mingus v. McLeodSupreme Court of Iowa · 1868