Fifield v. Wood
Supreme Court of Iowa
Appeal from Dubuque District Court. Plaintiff recovered judgment against one Adams. Under an execution issued thereon, the defendant, Wood, was notified as garnishee.
Read the full summary
Appeal from Dubuque District Court. Plaintiff recovered judgment against one Adams. Under an execution issued thereon, the defendant, Wood, was notified as garnishee. At the term next after this service, Wood failing to appear, it was ordered that plaintiff have and recover judgment against the said defendant as garnishee for the said sum of (reciting the amount of judgment against Adams). But it is ordered that no execution issue in this case until the said garnishee has had an opportunity to show cause against the same. This entry was made at the November Term, 1857, and prior to the…
1Opinion of the CourtWright, C. J.
The determination of this case involves the construction, in whole, or in part, of sections 1869 and 1870 of the Code, which provides as follows: “ If a garnishee, when duly summoned, fail to appear and answer, without sufficient cause for his delinquency, he shall be presumed to *251be indebted to the defendant to the full amount of the plaintiff’s demand, and shall be dealt with accordingly. But for a mere failure to answer he is not liable to pay the amount of the plaintiff’s judgment, until he has had an opportunity to show cause against the issuing of .an execution.”
The question is, what is…
2Cited by2 opinions
- Earl v. MatheneyIndiana Supreme Court · 1877
- Parmenter v. ChildsSupreme Court of Iowa · 1861