Kelley v. Donnelly

Supreme Court of Iowa

Kelley v. Donnelly

29 Iowa 70

DecidedJune 15, 1870

StatusPublished

This text of 29 Iowa 70 (Kelley v. Donnelly) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelley v. Donnelly, 29 Iowa 70 (iowa 1870).

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Opinion

Beck, J.

Neither the petition nor amended petition complies with the requirements of the Revision, section 5175, in stating that something is due from the defendant to plaintiff, and as nearly as practicable, the amount, which is declared necessary in order to authorize the issuing of an attachment. It has been ruled by this court that such an averment is necessary, and when not made the writ should be quashed. Blakely v. Bird, 12 Iowa, 601. Following this decision, we hold that the court below erred in overruling the motion to quash.

Reversed.

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Beck, J.

Neither the petition nor amended petition complies with the requirements of the Revision, section 5175, in stating that something is due from the defendant to plaintiff, and as nearly as practicable, the amount, which is declared necessary in order to authorize the issuing of an attachment. It has been ruled by this court that such an averment is necessary, and when not made the writ should be quashed. Blakely v. Bird, 12 Iowa, 601. Following this decision, we hold that the court below erred in overruling the motion to quash.

Reversed.

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Bluebook (online)

29 Iowa 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-donnelly-iowa-1870.

Opinion

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