Hodge v. Ruggles & St. L., K. C. & N. R. Co.
Supreme Court of Iowa
Appeal from, Wapello Cireuit Qowrt. On tbe 13tb day of July, 1872, plaintiff filed in tbe office of a justice of tbe peace a petition claiming of defendant Ruggles, tbe sum of $112 on an account, and asking for an attacbment. On tbe same day service of notice was accepted, with tbe written consent of defendant, that tbe justice take jurisdiction of tbe action, and an attacbment was issued wbereon tbe St. L., K. 0. & N. R. Oo. was garnished.
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Appeal from, Wapello Cireuit Qowrt. On tbe 13tb day of July, 1872, plaintiff filed in tbe office of a justice of tbe peace a petition claiming of defendant Ruggles, tbe sum of $112 on an account, and asking for an attacbment. On tbe same day service of notice was accepted, with tbe written consent of defendant, that tbe justice take jurisdiction of tbe action, and an attacbment was issued wbereon tbe St. L., K. 0. & N. R. Oo. was garnished. Upon tbe return of tbe notice and writ of attacbment, tbe garnisbee appeared and moved to dissolve tbe attacbment, and tbat be be discharged on these…
1Opinion of the Court
Beck, Ch. J.
— I. The first position of appellant is that the order of the justice dissolving the attachment could not be appealed from. The circuit court, therefore, had no jurisdiction, and could not review the action of the justice. A writ of error, it is insisted, is the only remedy authorized in such cases. Rev., § 3917, provides that “ any person aggrieved by the final judgment of a justice may appeal therefrom.” The judgment in the justice’s court upon the motion finally disposed of the rights of plaintiff as to this action, so far as the garnishee is concerned. Upon the matter of the…
2Cases cited1 opinion
- Griffin v. MossSupreme Court of Iowa · 1856
3Cited by2 opinions
- Hansen v. BergquistNebraska Supreme Court · 1879
- Simitz v. SchaapveldSupreme Court of Iowa · 1913