Funk v. Mercantile Trust Co.
Supreme Court of Iowa
Appeal from Keokuk District Court. — Hon. J. K. Johnson, Judge. Garnishment proceedings on execution for the payment of a judgment in favor of the plaintiffs, and against the defendant, the Crescent Coal Company. The Chicago & Northwestern Railway Company and the Burlington, Cedar Rapids & Northern Railway Company were garnished as debtors of the defendant.
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Appeal from Keokuk District Court. — Hon. J. K. Johnson, Judge. Garnishment proceedings on execution for the payment of a judgment in favor of the plaintiffs, and against the defendant, the Crescent Coal Company. The Chicago & Northwestern Railway Company and the Burlington, Cedar Rapids & Northern Railway Company were garnished as debtors of the defendant. Thereupon the Mercantile Trust Company of New York intervened, claiming the right to have appropriated, for the payment of a judgment it held against the coal company, money which the garnishees admit that they were owing to the defendant.…
1Opinion of the CourtRobinson, C. J.
i. appeal: aoñtsoinfúd|-e" ment: waiver. I. The appellees ask that the appeal be dismissed on the ground- that the appellant has accepted the money which the garnishees were required to pay into court for y.g t)ene;gt; anq for that reason has no further right to prosecute the appeal. After the judgment against the garnishees was rendered, the Chicago & Northwestern Railway Company paid to the clerk, *266to be applied on the judgment in favor of the intervenor, the sum of six hundred and eighteen dollars and fifty-six cents, and the Burlington, Cedar Rapids & Northern Railway Company paid to the…
2Cases cited3 opinions
- Anglo-American Land, Mortgage & Agency Co. v. BushSupreme Court of Iowa · 1892
- Sandwich Manufacturing Co. v. RobinsonSupreme Court of Iowa · 1891
- Byram v. Polk CountySupreme Court of Iowa · 1888
3Cited by6 opinions
- Youngerman v. YoungermanSupreme Court of Iowa · 1907
- Farmers & Merchants State Savings Bank v. KriegelSupreme Court of Iowa · 1923
- Las Vegas Railway & Power Co. v. Trust Co.New Mexico Supreme Court · 1912
- Johnson v. KesslerSupreme Court of Iowa · 1888
- Luglan v. LenningSupreme Court of Iowa · 1931
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