Perry v. Vezina
Supreme Court of Iowa
Appeal from Lee Giremt Court. Pkooeeding in garnishment. The plaintiffs are judgment creditors of the defendant, Vezina. As such, they caused an execution to issue upon their judgment, and caused the defendant, Irwin, to be garnished. He appeared and answered, denying all indebtedness, and denying that he had property in his possession or under his control belonging to the judgment debtor. A stipulation of facts was also filed.
Read the full summary
Appeal from Lee Giremt Court. Pkooeeding in garnishment. The plaintiffs are judgment creditors of the defendant, Vezina. As such, they caused an execution to issue upon their judgment, and caused the defendant, Irwin, to be garnished. He appeared and answered, denying all indebtedness, and denying that he had property in his possession or under his control belonging to the judgment debtor. A stipulation of facts was also filed. The plaintiffs then moved for judgment against the garnishee upon the answer and stipulation of facts. The court overruled the motion and discharged the garnishee.…
1Opinion of the CourtAdams, J.
1. ASSINMENT For benifit of creditors: bad faith: facts not constituting. A short time previous to the institution of these proceedings, the judgment debtor, Vezina, was in trade in tke city of Keokuk. On the, 18th day of January, 1883, he made an assignment for the benefit of his creditors to the garnishee, Irwin. This . property, including a stock of goods, passed into *26Irwin’s hands. The plaintiffs, as garnishing creditors, seek to charge Irwin as garnishee, by reason of the possession of this property. They do not deny the execution of the instrument by which Yezina attempted to make an…
2Cases cited2 opinions
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Van Patten v. BurrSupreme Court of Iowa · 1879
3Cited by17 opinions
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
- Frank v. MyersSupreme Court of Alabama · 1892
- Southern White-Lead Co. v. HaasSupreme Court of Iowa · 1887
- Gage & Co. v. ParrySupreme Court of Iowa · 1886
- Falker v. LinehanSupreme Court of Iowa · 1893
12 more not listed; retrieve them via the Exa API.