Eagleson v. Rubin
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. An action in which attachment and garnishee process is issued. Judgment for defendant. The courts have frequently held that the garnishee may be In default for answer within the time provided; yet under such circumstances the garnishee is entitled to the relief usually allowed where a party is in default for pleading. (9 Eney. of Law, 830; Talladega Merc.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. An action in which attachment and garnishee process is issued. Judgment for defendant. The courts have frequently held that the garnishee may be In default for answer within the time provided; yet under such circumstances the garnishee is entitled to the relief usually allowed where a party is in default for pleading. (9 Eney. of Law, 830; Talladega Merc. Go. v. McDonald, 97 Ala. 508, 12 So. 34; Penn v. Pelan, 52 Iowa, 535, 3 N. W. 540; McGallnm v. Brandt, 48 Ga. 439; Prosens v. Mason, 12…
1Opinion of the CourtStewart, J.
The appellants, A. H. Eagleson, G-. G-. Eagleson, William H. Thompson and W. C. Annett, brought an action against O. Rubin in the district court of Ada county, Idaho. On April 1, 1908, the plaintiff caused a writ of attachment to issue out of said court in said cause, and served on the same date upon the Idaho National Bank, as garnishee, and on April 2d, upon Albert O. Rubin, garnishee, together with certain interrogatories. The notice served upon each of said garnishees being as follows:
“You will please take notice, that all moneys, goods, credits, effects, debts due or owing, shares of…
2Cases cited3 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- In Re the Estate of McPheeCalifornia Supreme Court · 1908
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