Cox v. Russell
Supreme Court of Iowa
Appeal from Polls District Gov/rt. On the 6th day of February, 1875, the plaintiff commenced ah action against S. A. Russell,, claiming of him the sum of $4,000, and caused T. P. Mathews and John Ledlie, as individuals and.as a copartnership, to be garnished. On the 6th day of May, 1875, plaintiff recovered judgment against the defendant Russell, in the sum of $3,000. Afterward, the garnishees appeared in person and by attorneys, and filed thbir answers.
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Appeal from Polls District Gov/rt. On the 6th day of February, 1875, the plaintiff commenced ah action against S. A. Russell,, claiming of him the sum of $4,000, and caused T. P. Mathews and John Ledlie, as individuals and.as a copartnership, to be garnished. On the 6th day of May, 1875, plaintiff recovered judgment against the defendant Russell, in the sum of $3,000. Afterward, the garnishees appeared in person and by attorneys, and filed thbir answers. The plaintiff filed a pleading controverting the answers of the garnishees. Upon the issues joined between tbe plaintiff and' tbe garnishees…
1Opinion of the CourtDay, J.
-I. It is urged that the court should have rendered judgment against Ledlie for the whole amount of plaintiff’s elaim against Russell, because Ledlie had in his hands due Russell at the time of the garnishment, $3,866, which is more than the judgment against Russell in plaintiff’s favor. This claim is based upon the assumption that the evidence shows that Ledlie bought the interest of Russell in the hardware store, and agreed to pay therefor the sum of $3,866. As already stated, the evidence does not support this claim, but sustains the position of the garnishees that the firm of Mathews &…
2Cases cited8 opinions
- Schæffer v. FithianIndiana Supreme Court · 1861
- Pierce v. WilsonSupreme Court of Iowa · 1855
- Smith, Twogood & Co. v. Clarke & HenleySupreme Court of Iowa · 1859
- Carl v. KnottSupreme Court of Iowa · 1864
- Frank v. PetersIndiana Supreme Court · 1857
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3Cited by9 opinions
- Metcalf v. KincaidSupreme Court of Iowa · 1893
- Beeghly v. WilsonDistrict Court, N.D. Iowa · 1957
- City of Denver v. HindrySupreme Court of Colorado · 1907
- Smith v. Smith Bros.Supreme Court of Iowa · 1893
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
4 more not listed; retrieve them via the Exa API.