Westphal, Hinds & Co. v. Clark
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. Plaintiffs commenced an action in the court below against David Clark. There was an attachment issued. J. F. Brown, appellee herein, was served with a notice of garnishment. The service of this notice was had in Bremer county, the place of Brown’s residence. The notice required Brown to appear at the next term of the Circuit Court for Dubuque county. At the next term the place of trial was changed to the Buchanan county Circuit Court.
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Appeal from Dubuque Circuit Court. Plaintiffs commenced an action in the court below against David Clark. There was an attachment issued. J. F. Brown, appellee herein, was served with a notice of garnishment. The service of this notice was had in Bremer county, the place of Brown’s residence. The notice required Brown to appear at the next term of the Circuit Court for Dubuque county. At the next term the place of trial was changed to the Buchanan county Circuit Court. Before the order was made changing the place of trial a referee was appointed to take the answer of Brown as garnishee.…
1Opinion of the CourtEothrock, J.
I. After the reversal of the cause by this court, counsel for appellee wrote counsel for appellant requesting him to write to them upon the receipt of the procedendo before taking further steps in the court below, as they desired to appear and answer before the referee, or to make a motion for leave to do so. The letter was answered. The answer has been lost or mislaid. Counsel for appellant, in an afiidavit filed in the case, says: “ I understood, from the letter referred *264to, that I was to take no further steps in the ease without notifying them; that I was to take no advantage of them — and…
2Cited by14 opinions
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- McMillan v. OstersonSupreme Court of Iowa · 1921
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- Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
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