Westphal, Hinds & Co. v. Clark
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. On the first of Jnne, 1874, plaintiffs commenced an action against David Clark in the Dubuque Circuit Court, and procured the issuance of a writ of attachment.
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Appeal from Dubuque Circuit Court. On the first of Jnne, 1874, plaintiffs commenced an action against David Clark in the Dubuque Circuit Court, and procured the issuance of a writ of attachment. On the 12th day of June, 1874, J. F. Brown, as receiver of Clark & Morgan, was attached as garnishee at Waverly, in Bremer county, and he was notified that lie was required to appear at the next term of the Dubuque County Circuit Court, on the 7th day of September, 1874, and answer such interrogatories as might be propounded. The garnishee demanded his fees, which were not paid. The defendant, Clark,…
1Opinion of the CourtDay, J.
i. GABNisHness: fees. I. The court held that because the fees of the garnishee, demanded at the time of the original summons, were not paid, and the term of court had passed at which he was to answer, he was not liable to be summoned subsequently to answer the same. This ruling was erroneous. The attachment by garnishment is effected by informing the supposed debtor, or person holding the property, that he is attached as garnishee, and by leaving with him a written notice to the effect that he is required not to pay any debt due by him to the defendant, or thereafter to become due, and that…
2Cases cited1 opinion
- Chase v. FosterSupreme Court of Iowa · 1859
3Cited by5 opinions
- State ex rel. Wyman, Partridge & Co. v. Superior CourtWashington Supreme Court · 1905
- Miller & Co. v. Mason & Co.Supreme Court of Iowa · 1879
- Gilmore & Ruhl v. CohnSupreme Court of Iowa · 1897
- Brainard v. SimmonsSupreme Court of Iowa · 1882
- Iowa Stock Remedy Co. v. BrodersonSupreme Court of Iowa · 1925