Dubuque Fruit Co. v. C. C. Emerson & Co.

This appeal presents a contest between plaintiff and the intervener over a fund under garnishment by virtue of a writ caused to be issued by plaintiff to secure a claimed indebtedness owed to plaintiff by the x defendant, a nonresident, who is not interested 9 9 jn outcome of the issue involved herein. Upon the conclusion of the evidence, the trial court sustained the intervener’s motion for judgment, on the primary ground that the testimony of the intervener as to its title and ownership of the fund in suit was without conflict, and consequently no fact question existed for submission to the…