Nicholas & Shepard v. Higby
Supreme Court of Iowa
Appeal from Black Hawk Cvrcuit Court. Action in attachment by plaintiffs against E. Higby. The First National Bank of Waterloo and others were garnished. H. E. Higby, wife of E. Higby, intervened, claiming that certain notes in the hands of the bank, which were claimed to be her husband’s property and subject to the garnishment, belonged to her. Her claim was denied and upon that issue the cause was tried to a jury, and verdict and judgment were had in her favor.
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Appeal from Black Hawk Cvrcuit Court. Action in attachment by plaintiffs against E. Higby. The First National Bank of Waterloo and others were garnished. H. E. Higby, wife of E. Higby, intervened, claiming that certain notes in the hands of the bank, which were claimed to be her husband’s property and subject to the garnishment, belonged to her. Her claim was denied and upon that issue the cause was tried to a jury, and verdict and judgment were had in her favor. Plaintiffs appeal. The other facts of the case are stated in the opinion.
1Opinion of the Court
Beck, Ch. J.
*4021. Husband and wife; liability of the wife's property. *401I. The promissory notes which are the subject of the controversy were shown to be in the posses*402sion of the First National Bank of Waterloo, and the proper officer had executed and delivered a receipt for the same. A ccW of the was irL evidence and appears to be in the form of a letter addressed to “E. H. Higby, Dear Sir,” etc. The notes were shown to have been deposited in the bank by the intervenor’s husband, to whom the receipt was handed when the notes were left there. Plaintiffs propounded this question to one of their…
2Cases cited1 opinion
- Hatch v. GraySupreme Court of Iowa · 1866
3Cited by1 opinion
- Johnson v. WarringtonSupreme Court of Iowa · 1932