7 Iowa 404 | Iowa | 1858
The motion to dissolve the attachment should have been overruled. The causes assigned therein are, that the writ issued before any petition was filed, as required by law; that plaintiffs liad withdrawn their original cause of action ; that they had made a new cause ; and that the writ did not correspond with the petition last filed. These causes assume that the original petition was so substantially and fatally defective, and wanting in every requisite, that no writ of attachment could properly issue;, and, in the second place, that the amendment presents a new cause of action — is a departure from the case first made — and is, therefore, a withdrawal of that which was the basis of the writ.
The only conceivable objection to the original petition was, that the copies of the account, and note attached, did not show that they had been assigned. The petition itself
The assumption that plaintiffs, by their amendment, withdrew their original cause of action, and made a new and distinct one, is entirely unfounded. The amendment was entirely legitimate, and followed the case first made. Code, sections 1756-60,2511.
Judgment reversed.