Brainard v. Simmons
Supreme Court of Iowa
Appeal from, Clarice District Court. The plaintifl’s having obtained judgment against the defendant, Edward Pennell, garnished Simmons as the debtor of Pennell. A commissioner was appointed who took his answer. Afterwards, upon motion of the plaintiffs, the court rendered judgment against the garnishee. He now appeals.
1Opinion of the Court
Adams, Ch. J.
1. PRACTICE: bill of executions : answer of garnishee. The appellant’s abstract sets out what purports' to be the answer of the garnishee, and states that court rendered judgment upon such answer, The appellees file an amended abstract in which they deny that any portion of appellant’s abstract is correct, and deny that it contains the evidence upon which the judgment was rendered.
In addition to that they state that no bill of exceptions was ever filed, and that no bill of exceptions or certificate of *465tue evidence was- ever signed by tbe trial judge, and tbat it is impossible for…
2Cases cited1 opinion
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1876
3Cited by1 opinion
- Dolan v. SammonsSupreme Court of Iowa · 1910