Booth v. Backus
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — Jos. E. Meyer, Judge. On January 31, 1916, plaintiff recovered judgment against defendants in justice court, on which execution was issued out of the municipal court June 5th following, and the Chicago & Northwestern Railroad Company and the Independent School District of Des Moines were garnished.
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Appeal from Des Moines Municipal Court. — Jos. E. Meyer, Judge. On January 31, 1916, plaintiff recovered judgment against defendants in justice court, on which execution was issued out of the municipal court June 5th following, and the Chicago & Northwestern Railroad Company and the Independent School District of Des Moines were garnished. On motion of defendant M. R. Backus, the railroad company was, on July 10, 1910, discharged, for that the amount owing by it to Him was for personal service rendered within 90 days next preceding, and he the head of a family and resident of this state. The…
1Opinion of the CourtLadd, J.
1. Exemptions : property and rights exempt: personal earnings of wife. I. On the judgment entered against Mr. and Mrs. Backus, execution issued, and the Independent School District of Des Moines was served with notice of garnishment. It answered that there was due her $22. Thereupon, her husband, Mr. Backus, moved that the garnishee be discharged, for that both were residents of Iowa, he the head of a family and she a member of his family, and that the debt of the garnishee “to her- * * * is due me and the said” Mrs. Backns for personal seiwices rendered by her within the 90 days last past.…
2Cases cited8 opinions
- Mewhirter v. HattenSupreme Court of Iowa · 1875
- Spafford v. WarrenSupreme Court of Iowa · 1877
- Hutcheis v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1905
- Aultman Engine & Thresher Co. v. GreenleeSupreme Court of Iowa · 1907
- Van Doran v. MardenSupreme Court of Iowa · 1878
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3Cited by3 opinions
- Reid v. ReidSupreme Court of Iowa · 1933
- In Re Estate of UnangstSupreme Court of Iowa · 1932
- Smith v. MillerSouth Dakota Supreme Court · 1931