Houston v. Walcott & Co.
Supreme Court of Iowa
Appeal from the Lee District Court. This cause is an appeal from tbe decision of tbe District Court of Lee county, on a writ of error to a justice of tbe peace, sued out by Houston, wbo was garnished at tbe suit of A. "Walcott & Co. against one Earner, on a judgment by confession against tbe latter. In tbe transcript of tbe justice, after tbe title of tbe cause, tbat officer states as follows: “This day came tbe defendant, Wm.
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Appeal from the Lee District Court. This cause is an appeal from tbe decision of tbe District Court of Lee county, on a writ of error to a justice of tbe peace, sued out by Houston, wbo was garnished at tbe suit of A. "Walcott & Co. against one Earner, on a judgment by confession against tbe latter. In tbe transcript of tbe justice, after tbe title of tbe cause, tbat officer states as follows: “This day came tbe defendant, Wm. H. Earner, and after filing bis affidavit confessing judgment in favor of A. Wal-cott & Co., for tbe amount filed as per account;” and tben follows a judgment for…
1Opinion of the CourtIsbell, J.
"With regard to the first specification in the first assignment of error, the fact is otherwise. The title of the cause is clearly stated in the docket of the justice. As to the second, it would have been more strictly regular to have stated the amount of the demand directly, without leaving it to be ascertained by reference to the files. But we do not recognize the right of the garnishee to inquire-into the minor irregularities of the proceedings in the recovery of judgment, on which he may be summoned as garnishee. If such judgment be voidable, only on error or appeal, and not void, it is…
2Cited by9 opinions
- Earl v. MatheneyIndiana Supreme Court · 1877
- Schoppenhast v. BollmanIndiana Supreme Court · 1863
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Telles v. LyndeDistrict Court, N.D. California · 1891
- Baltimore, Ohio & Chicago Railroad v. TaylorIndiana Supreme Court · 1881
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