Public-domain · open source
OpenJurist

52 Iowa 231

Lowenstein v. Monroe

Supreme Court of Iowa

Decided October 27, 1879

Supreme Court of Iowa · decided 1879-10-27

A petition was filed, asking a writ of attachment. The verification, made by an attorney, was as follows: “the facts set forth in the foregoing petition as grounds for the attachment, and the same are within my own knowledge, and the same are true as I verily believe.” The intervenor, claiming the property attached by virtue of a general assignment made to him by the defendant, filed a motion t© quash the attachment, because the petition was not properly and sufficiently…

Decided 1879-10-27

Seevers, J.

¶1It is not claimed the petition verified by the plaintiff was not sufficiently verified, but the point made is that, as the original petition was verified only as to the sufficiency of the causes of attachment, the defect was one which could not be cured by amendment.

¶2We think otherwise. The defect, under section 3021 of the Code, could be well cured, and it was properly done by the verified amended petition. Murdough v. McPherrin 49 Iowa, 479.

¶3Affirmed.

/52/iowa/231 · .json · Public domain