120 Iowa 303 | Iowa | 1903
At the time in question appellee was a retail druggist doing business atWoolstock, Wright county»
The provisions of the statute referred to in substance are that when the plaintiff makes affidavit that the attached goods are in danger of serious and immediate waste
II. The defendant and his mother were permitted to testify, over the objection of plaintiff, to a conversation had with one member of the plaintiff firm on the date
Complaint is also made, based upon the admission in evidence of certain declarations made by one A. G. Wam-bach. These had relation to the grounds for the attach-
III. The court gave to the jury an instruction as follows: “So, if you find by the preponderance of the evidence that at the time the plaintiffs sued out said writ of
IV. The giving of the thirteenth instruction is assigned as error. It is as follows: “Such actual damages would be the damages, if any, shown by the evidence to
Other errors assigned will not be likely to arise upon a retrial, and for that reason need not be discussed. For the errors pointed out, the judgment must be and it is
REVERSED.