Legal Opinion

Dickinson v. Davis

Supreme Court of Iowa

Decided June 24, 1915PublishedCited by 7 opinions

Appeal from Polk District Court. — Hon. W. S. Ayres, Judge. This case involves a controversy between the plaintiff in garnishment and the intervener as to the ownership of property in the hands of the garnishee. Plaintiff’s contention is that at the time of the garnishment the property belonged to the defendant in execution. The intervener claims to be the owner by virtue of purchase and assignment to him by the defendant in execution before garnishment.

Read the full summary

Appeal from Polk District Court. — Hon. W. S. Ayres, Judge. This case involves a controversy between the plaintiff in garnishment and the intervener as to the ownership of property in the hands of the garnishee. Plaintiff’s contention is that at the time of the garnishment the property belonged to the defendant in execution. The intervener claims to be the owner by virtue of purchase and assignment to him by the defendant in execution before garnishment. Judgment for the intervener. Plaintiff appeals.^

1Opinion of the CourtGaynor, J.

— The plaintiff, Dickinson, having recovered a judgment against the defendant, Ira D. Davis, caused an execution to issue, and the Central State Bank to be served with notice of garnishment. The "garnishment notice was served on the 25th day of November, 1912. On that date, Davis was indebted to the Central State Bank, garnishee, in the sum of $4,224.66 on a certain promissory note given by Davis to said bank. On the day of the garnishment, the Central State Bank held, as collateral security for the payment of said note, the following property: One note of $4,510.63, signed by Victoria C.…

2Cases cited3 opinions

  1. Handley v. A. Pfister & Co.California Supreme Court · 1870
  2. Kerr v. KennedySupreme Court of Iowa · 1903
  3. McGuire v. Pitts' SonsSupreme Court of Iowa · 1876

3Cited by7 opinions

  1. Grant v. CherrySupreme Court of Iowa · 1925
  2. Current News Features, Inc. v. Pulitzer Pub. Co.Court of Appeals for the Eighth Circuit · 1936
  3. Johnson v. WarringtonSupreme Court of Iowa · 1932
  4. First Trust Joint Stock Land Bank v. ConwaySupreme Court of Iowa · 1933
  5. Oelke v. HoweySupreme Court of Iowa · 1930

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API