Bean v. Barney, Scott & Co.
Supreme Court of Iowa
Appeal from Dubuque Oily Court. Tiie plaintiff brought suit against one D. C. Bancroft, and also caused an attachment to issue for the purpose of securing his claim. A notice of garnishment was served upon one J. P. Scott, who at the time of such service was a member of the firm of Barney, Scott & Co., the appellants. The notice was directed to and served upon J. P. Scott, not as a member of said firm, but as an individual.
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Appeal from Dubuque Oily Court. Tiie plaintiff brought suit against one D. C. Bancroft, and also caused an attachment to issue for the purpose of securing his claim. A notice of garnishment was served upon one J. P. Scott, who at the time of such service was a member of the firm of Barney, Scott & Co., the appellants. The notice was directed to and served upon J. P. Scott, not as a member of said firm, but as an individual. The answer is by Scott in bis own behalf, not as a member of said firm. The answer of Scott, denies any indebtedness of himself or of the firm of Barney, Scott & Co. to…
1Opinion of the CourtBaldwiN, J.
The first question presented is, whether the court had jurisdiction over the parties against whom such judgment was rendered.
The attachment was against D. C. Bancroft, and the garnishee process was against J. P. Scott. The notice was directed to and served upon him. The firm of Barney, Scott & Co. were not notified that they were a party to the proceeding ; nor does it appear by any pleading, or process, or in any other manner, except only as stated by the officer in his heading to the answer of the garnishee, that J. P. Scott was a member of said firm. If the notice of garnishment had been…
2Cited by9 opinions
- Schaller & Son v. MarkerSupreme Court of Iowa · 1907
- State v. IngallsSupreme Court of Iowa · 1864
- Richardson v. CoffmanSupreme Court of Iowa · 1893
- Capital City Bank v. WakefieldSupreme Court of Iowa · 1891
- O'Melia v. HoffmeyerSupreme Court of Iowa · 1903
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