Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa. [1847-1854], Volume 4S. Hoyt, printer, New York, 1858 - Law reports, digests, etc |
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Results 1-5 of 96
Page 17
... attachment in the district court of Van Buren county against Milburn . The attachment was levied by Marlow , who is defendant here , as sheriff , on the property of Mil- burn - among other things , eleven working oxen . The oxen after ...
... attachment in the district court of Van Buren county against Milburn . The attachment was levied by Marlow , who is defendant here , as sheriff , on the property of Mil- burn - among other things , eleven working oxen . The oxen after ...
Page 18
... attachment . To this plea of the defendants , the counsel for the plaintiff demurred . The demurrer was overruled , and judgment entered thereon . The plaintiff having ap- pealed to this court , assigns for error , this ruling of the ...
... attachment . To this plea of the defendants , the counsel for the plaintiff demurred . The demurrer was overruled , and judgment entered thereon . The plaintiff having ap- pealed to this court , assigns for error , this ruling of the ...
Page 19
... attach- ment , is obvious . Nevertheless the legislature has not made this a condition upon which the property may be released . We have frequently decided that the proceeding by attachment is in derogation of the common law , and ...
... attach- ment , is obvious . Nevertheless the legislature has not made this a condition upon which the property may be released . We have frequently decided that the proceeding by attachment is in derogation of the common law , and ...
Page 20
... attachment had not released the property by filing his bond with sureties , the expense of supporting the oxen , in the event of a judgment being obtained against him , would , with the sum of money for which that judgment had been ...
... attachment had not released the property by filing his bond with sureties , the expense of supporting the oxen , in the event of a judgment being obtained against him , would , with the sum of money for which that judgment had been ...
Page 76
... attachment . The want of the seal to a writ of attachment cannot be obviated by amendment . Appeal from Muscatine District Court . Opinion by KINNEY , J. Isett sued Foss in attachment . On the first appearance of the defendant he moved ...
... attachment . The want of the seal to a writ of attachment cannot be obviated by amendment . Appeal from Muscatine District Court . Opinion by KINNEY , J. Isett sued Foss in attachment . On the first appearance of the defendant he moved ...
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Common terms and phrases
alleged amended amount answer Appeal appellee assigned attachment authorized averment bill of exceptions Bissell bond certificate charged claimed clerk Code Code of Iowa commenced contract county court county judge court erred creditors damages debt decided decision decree deed defendant defendant's demurrer dollars dower Dubuque county equity error evidence execution facts fee simple filed fraud held husband indictment indorsed instruction Iowa issued J. C. Hall Jefferson County Judgment affirmed Judgment reversed jurisdiction jury justice land Lee county levy liable lien lots ment mortgage motion notice O'Ferrall objection offense officer Opinion by GREENE Opinion by HALL overruled paid party payment person petition plaintiff plaintiff in error pleadings possession proceedings purchaser question railroad record recover refused rendered replevin rule sheriff Smith statute statute of frauds sufficient suit sustained term tion trial verdict wife writ writ of attachment
Popular passages
Page 271 - ... where the person making the service, and the person on whom it is to be made, reside or have their offices in different places, between which there is a regular communication by mail.
Page 11 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Page 221 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 178 - Many cases exist, where the forfeiture for acts done attaches solely in rem, and there is no accompanying penalty in personam. Many cases exist where there is both a forfeiture in rem and a personal penalty. But in neither class of cases has it ever been decided that the prosecutions were dependent upon each other. But the practice has been Opinion of the Court. and so this court understands the law to be, that the proceeding in rem stands independent of, and wholly unaffected by any criminal proceeding...
Page 228 - The Supreme Court shall have appellate jurisdiction only in cases in chancery, and shall constitute a Court for the correction of errors at law, under such restrictions as the General Assembly may, by law, prescribe...
Page 144 - In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with I. When voluntary manslaughter is itself the greater charge, proof of "sudden heat" may be required. Cite as 352 NE2d 523 which he is charged in the indictment or information.
Page 508 - In these cases, the rule of law, as we understand it, is this ; a man is not to be excused from responsibility if he has capacity and reason sufficient to enable him to distinguish between right and wrong, as to the particular act he is then doing, a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment.
Page 221 - When a divorce is decreed, the court may make such order in relation to the children, property, parties, and the maintenance of the parties, as shall be right and proper, and the guilty party forfeits all rights acquired by the marriage.
Page 552 - The cause was submitted to the court without a jury. On the...
Page 250 - A motion for a new trial is addressed to the sound discretion of the trial court.