Searle v. Fairbanks, Morse & Co.
Supreme Court of Iowa
Appeal from Mahaslca District Court. — Hon. David Ryan, Judge. On demurrer to a petition to vacate a judgment, and for injunction.
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Appeal from Mahaslca District Court. — Hon. David Ryan, Judge. On demurrer to a petition to vacate a judgment, and for injunction. The petition shows that on March 4, 3878, Fairbanks, Morse & Co. obtained a judgment against one William Taylor, and caused an execution to issue thereon, upon- which the plaintiff C. P. Searle was garnished as. a supposed debtor of said William Taylor; that Searle answered as garnishee that he had collected money on notes, and had notes in his possession uncollected, for William Taylor, — the cash amounting to about four hundred dollars, and the notes to about…
1Opinion of the CourtGiven, J.
1. Judgement: against garnishee: fraud: setting aside. — I. Appellants maintain that this is a proceeding in equity, and that the demurrer should be sustained because plaintiff has a plain, speedy and adequate remedy under sections 31^ 3155; Code, and because the petition does not show that the defense has arisen or been discovered since the judgment complained of was rendered. If the petition shows grounds for relief either at law or in equity, the demurrer was properly overruled. An error as to the kind of proceeding's is not ground for demurrer, but for. correction, as provided in sections…
2Cases cited3 opinions
- Hintrager v. SumbargoSupreme Court of Iowa · 1880
- Hoskins v. RoweSupreme Court of Iowa · 1883
- Stadler, Bros. & Co. v. Parmlee & WattsSupreme Court of Iowa · 1862
3Cited by4 opinions
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Berry v. KritenbrinkSupreme Court of Iowa · 1919
- Davenport v. MooreU.S. Circuit Court for the Southern District of Iowa · 1896
- Reed v. CorriganSupreme Court of Iowa · 1901