Mogler v. Nelson
This text of 234 N.W. 480 (Mogler v. Nelson) 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.
Opinion
Action upon two promissory notes, and one other cause of action joined therewith, aided by attachment. Verdict and judgment on defendant’s counterclaim, against the plaintiff, the sureties not being made parties, on the attachment bond for both actual and exemplary damages.
The appeal is by defendant from the ruling of the court denying her application for the taxation of reasonable attorney fees in the action. The recovery was on the bond, and the application should have been sustained, and a reasonable attorney fee allowed as a part of the costs in the case. Section 12090, Code, 1927; Peters v. Snavely-Ashton, 144 Iowa 147; Thielen v. Schechinger, 211 Iowa 470.
The cause will be reversed and remanded to the court below, *1289 with directions to allow appellant a reasonable sum as attorney’s fees, and to tax the same against the plaintiff as a part of the costs. — Reversed and remanded.
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Cite This Page — Counsel Stack
234 N.W. 480, 211 Iowa 1288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mogler-v-nelson-iowa-1931.