McGuire v. Pitts' Sons
Supreme Court of Iowa
Appeal from, Hardin District Court. On the 11th day of April, A. I). 1874, George Keenan recovered a judgment against John Kenefick,'which on the same day was assigned to plaintiff, but such assignment was not filed with the clerk of the court in which it was rendered until after the garnishee proceeding hereafter mentioned was served on Kenefick.
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Appeal from, Hardin District Court. On the 11th day of April, A. I). 1874, George Keenan recovered a judgment against John Kenefick,'which on the same day was assigned to plaintiff, but such assignment was not filed with the clerk of the court in which it was rendered until after the garnishee proceeding hereafter mentioned was served on Kenefick. The defendants on the samé day had a judgment in the District Court of ITardin county against George Keenan, on which execution was issued, under and by virtue of which the said Kenefick was attached as garnish ee after the judgment against Kenefick…
1Opinion of the Court
Seevers, Ch. J.
1 GARNISHMENT: assignement of judgement: notice I. As between Kenefick and plaintiff, there is no doubt that the judgment in the garnishment proceedings would protect the former against the latter- The judgment not being negotiable, and ^g plaintiff having failed to give Kenefick any notice of his ownership until after judgment against him, the plaintiff will not now be permitted to compel Kenefick to pay him, while the judgment in the garnishment proceeding remains in full force. McCoid v. Beatty, 12 Iowa, 219.
2.__:____ -- II. If, however, the court has the power (and that has…
2Cases cited1 opinion
- Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
3Cited by4 opinions
- Bellingham Bay Boom Co. v. BrisboisWashington Supreme Court · 1896
- Dickinson v. DavisSupreme Court of Iowa · 1915
- Houtz v. DanielsIdaho Supreme Court · 1922
- Zimmerman v. HornerSupreme Court of Iowa · 1937