Legal Opinion

Mudge v. Lanning

Supreme Court of Iowa

Decided April 22, 1886PublishedCited by 13 opinions

Appeal from Wapello District Court. Plaintiee’s intestate obtained a judgment against the defendant, Lanning, on which execution issued, and the Chicago, Burlington & Quincy Railway Company was garnished thereon as a supposed debtor of the defendant. The garnishee answered, admitting that it was indebted to defendant in an amount greater than that of plaintiff’s judgment.

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Appeal from Wapello District Court. Plaintiee’s intestate obtained a judgment against the defendant, Lanning, on which execution issued, and the Chicago, Burlington & Quincy Railway Company was garnished thereon as a supposed debtor of the defendant. The garnishee answered, admitting that it was indebted to defendant in an amount greater than that of plaintiff’s judgment. Defendant appeared, and, in a pleading filed in the proceeding, alleged that the debt due from the garnishee to him was exempt from execution. The district court entered judgment in plaintiff’s favor against the garnishee,…

1Opinion of the Court

Reed, <1.

Defendant owns a homestead, which is exempt from judicial sale for the satisfaction of the judgment which plaintiff sought to enforce by the garnishment proceedings. The place consists of twenty acres of ground, with the dwelling house and other buildings situated thereon, and is of the present value of $500. In the operation of its railroad the garnishee set out a fire which destroyed the fences and grape vines and fruit trees on the place, and defendant obtained judgment against the garnishee for the damages caused thereby. The judgment appealed from appropriates a por*642tion of the…

2Cases cited1 opinion

  1. Kaiser v. SeatonSupreme Court of Iowa · 1883

3Cited by13 opinions

  1. Chase v. SwayneTexas Supreme Court · 1895
  2. Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
  3. Morgan v. RountreeSupreme Court of Iowa · 1893
  4. Cullen v. HarrisMichigan Supreme Court · 1896
  5. Millington v. LaurerSupreme Court of Iowa · 1893

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