Bever v. Swecker
Supreme Court of Iowa
Appeal from Poweshiek District Court. — Hon. W. G. Clements, Judge. Garnishment proceedings to subject certain property to the payment of a judgment held hy plaintiff against John Swecker. Chas. Swecker, executor of the estate of A. Swecker, was garnished under execution, and he answered that he held in his possession and under his control property of John Swecker to the value of $1,800. The defendant and the garnishee moved to discharge the garnishment.
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Appeal from Poweshiek District Court. — Hon. W. G. Clements, Judge. Garnishment proceedings to subject certain property to the payment of a judgment held hy plaintiff against John Swecker. Chas. Swecker, executor of the estate of A. Swecker, was garnished under execution, and he answered that he held in his possession and under his control property of John Swecker to the value of $1,800. The defendant and the garnishee moved to discharge the garnishment. This motion was overruled, and judgment was rendered against the garnishee. The defendant and the garnishee appeal.—
1Opinion of the Court
Deiemer; J.
'November 15, 1905, plaintiff obtained judgment for something like $425 against defendant, John Swecker. This judgment was for some cattle which it was claimed that defendant took from plaintiff without his knowledge and consent, and appropriated to his own use. On December 5, 1905, defendant was declared a bankrupt by the United States District Court, and on January 29, 1906, was discharged as such bankrupt. A. Swecker died testate in July, 1906, and the money and property now held by the garnishee came to defendant through the said A. Swecker. In the motion to discharge the…
2Cases cited7 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- McChristal v. ClisbeeMassachusetts Supreme Judicial Court · 1906
- Sanderson v. HuntCourt of Appeals of Kentucky · 1903
- In re ColalucaDistrict Court, D. Massachusetts · 1904
- Razor v. KinseyAppellate Court of Illinois · 1894
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3Cited by10 opinions
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- National Finance Company of Provo v. DaleyUtah Supreme Court · 1963
- Rice v. GuiderMichigan Supreme Court · 1936
- Hallagan v. DowellSupreme Court of Iowa · 1917
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