Tyson v. Reynolds
Supreme Court of Iowa
Appeal from Webster Circuit Court. The plaintiff caused garnishee process to be served upon defendant, claiming that he was the debtor of one C. E. Weston. The garnishee answered, admitting the indebtedness. The creditor Weston intervened, claiming that the indebtedness occurred on account of personal service rendered by him within three months, and that he is the head of a family, and that the debt is, therefore, exempt from the garnishee process.
Read the full summary
Appeal from Webster Circuit Court. The plaintiff caused garnishee process to be served upon defendant, claiming that he was the debtor of one C. E. Weston. The garnishee answered, admitting the indebtedness. The creditor Weston intervened, claiming that the indebtedness occurred on account of personal service rendered by him within three months, and that he is the head of a family, and that the debt is, therefore, exempt from the garnishee process. Upon a trial to the court, without a jury, judgment was rendered for the intervenor, the creditor, and the garnishee was discharged. Plaintiff…
1Opinion of the Court
Beck, Ch. J.
i. exempTiOVI llCcld of family. — The intervenor, the creditor of the garnishee, was a widower. After the death of his wife he continued to keep house, as he had done before. ITis son and J his son’s wife lived with him, he having full charge of the household affairs, and they paying no board or compensation to him for their living. He employed a domestic. The son had lived with him before his marriage, and no change had been made in their relations afterwards.
The question for our determination is whether the intervenor is the head of a family, as contemplated by Code, section…
2Cited by22 opinions
- Robbins v. Bangor Railway & Electric Co.Supreme Judicial Court of Maine · 1905
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- Menefee v. ChesleySupreme Court of Iowa · 1896
- Arnold v. WaltzSupreme Court of Iowa · 1880
17 more not listed; retrieve them via the Exa API.