Thomas v. McDonald
Supreme Court of Iowa
Appeal from Linn District Court. — -Hon. J. H. Preston, Judge. On June 18,1884, the plaintiff recovered judgment against Thomas McDonald for two thousand and twenty-eight dollars, with interest at eight per cent, per annum. On November 2,1889, Hannah 0. McDonald, wife of Thomas McDonald, was served with notice of garnishment, and answered, as garnishee, that she was not indebted to her husband.
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Appeal from Linn District Court. — -Hon. J. H. Preston, Judge. On June 18,1884, the plaintiff recovered judgment against Thomas McDonald for two thousand and twenty-eight dollars, with interest at eight per cent, per annum. On November 2,1889, Hannah 0. McDonald, wife of Thomas McDonald, was served with notice of garnishment, and answered, as garnishee, that she was not indebted to her husband. To this answer, plaintiff filed a controverting pleading; and the garnishee a reply. A full statement of the facts will be found in the opinion of this court on a former hearing. 88 Iowa, 874. Triai to…
1Opinion of the CourtLadd, J.
1 *5672 3 *566The debt, due or to become due, which the garnishee is required to refrain from paying under section 2975 of the Code* must be in existence, and not incurred after the notice of garnishment, Thomas v. Gibbons, 61 Iowa, 50, and must be such as might, in the absence of fraud, be enforced by the judgment defendant against the garnishee. Williams v. Young, 46 Iowa, 140; Smith v. Clarke, 9 Iowa, 241; Morse v. Marshall, 22 Iowa, 290; Cox v. Russell, 44 Iowa, 556; Drake, Attachm., section 541; Teague v. Le Grand (Ala.) 5 South. Rep. 287; Nicrosi v. Irvine (Ala.) 15 South. Rep. 429. The notice…
2Cases cited21 opinions
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