159 Iowa 201 | Iowa | 1913
The return of the defendant judge shows the following facts: Plaintiff brought an action for $50 for balance due on rent and for waste. A writ of attachment was issued, under which property was levied upon, and a delivery bond given. On September 5, 1912, plaintiff, by his attorneys, in open court, dismissed said cause without prejudice and paid all costs, before any answer or counterclaim had been filed. Defendants objected to such dismissal, and gave notice verbally that they would file a counterclaim and insist on the trial thereof. Afterwards, on September 6th, defendants filed their answer and counterclaim, in which they deny being indebted to plaintiff, and ask damages for the wrongful suing out of the attachment. One of the items of damage in said counterclaim was a claim for $150 for expenses of defendants from Montana to Iowa in attending said trial. On September 11th trial was had on said counterclaim, and a judgment rendered against plaintiff for $350; plaintiff having failed and refused to appear or file any further pleadings. The findings of the court are, in part, as follows: “. . , That when this action was commenced neither of the defendants were indebted to plaintiff in any sum whatever. That