Gilmore & Ruhl v. Cohn
Supreme Court of Iowa
Appeal from Crawford District. Court. — Hon. G. W. Paine, Judge. This is a contest between certain attaching creditors over their respective priorities to a fund now in the hands of the clerk of the Crawford county district court, arising from the sale of certain goods belonging to their joint debtor, Cohn, one of the defendants in this action.
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Appeal from Crawford District. Court. — Hon. G. W. Paine, Judge. This is a contest between certain attaching creditors over their respective priorities to a fund now in the hands of the clerk of the Crawford county district court, arising from the sale of certain goods belonging to their joint debtor, Cohn, one of the defendants in this action. Plaintiff’s attachment was first in point of time, but the intervener, the First National Bank, of Omaha, claims that it is entitled to priority, for the reason that plaintiff’s attachment, which was served by garnishing one D. 0. Johnson, a mortgagee…
1Opinion of the CourtDeemer, J.
— The notice of garnishment served on Johnson, under plaintiff’s writ of attachment, cited the garnishee to appear before the district court in and for Crawford county, commencing-on the fifteenth day of February, 1893. The notice served under the writ issued in the intervener’s case, cited the garnishee to appear at the said court on the first day thereof, which commenced on the twentieth day of February, 1893. Appellant contends that, as the notice of garnishment served in appellee’s case notified the garnishee to appear at a time when no court was in session, no jurisdiction was obtained…
2Cases cited21 opinions
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- Edler v. HascheWisconsin Supreme Court · 1887
- McConnell v. DenhamSupreme Court of Iowa · 1887
- Padden v. MooreSupreme Court of Iowa · 1882
- Mooar v. WalkerSupreme Court of Iowa · 1877
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3Cited by4 opinions
- Union County Investment Co. v. MessixSupreme Court of Iowa · 1911
- Bowen v. Port Huron Engine & Thresher Co.Supreme Court of Iowa · 1899
- Kinart v. ChurchillSupreme Court of Iowa · 1930
- Watts v. Southern Surety Co.Supreme Court of Iowa · 1933