Legal Opinion

Daniels & Co. v. Clark

Supreme Court of Iowa

Decided June 17, 1874PublishedCited by 7 opinions

Appeal from Johnson Circuit Court. On the 29th day of March, 1872, executions were issued by G. W. Dodder, J. P., in Johnson County in favor of the plaintiff against William Reninger, upon which said John H. Clark was, on the 1st day of April, 1872, duly garnished as a debtor of said William Reninger, and required to appear and answer as such, on the 25th of April.

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Appeal from Johnson Circuit Court. On the 29th day of March, 1872, executions were issued by G. W. Dodder, J. P., in Johnson County in favor of the plaintiff against William Reninger, upon which said John H. Clark was, on the 1st day of April, 1872, duly garnished as a debtor of said William Reninger, and required to appear and answer as such, on the 25th of April. The garnishee answered that he was indebted to William Reninger in the sum of $295.00, for feeding cattle under a written contract. William Reninger filed a reply to this answer denying that the garnishee Clark was indebted to him…

1Opinion of the CourtDay, J.

— I. It is claimed that the petition of intervention should not have been allowed, and that the judgment of the justice should have been affirmed, upon the ground that the garnishee did not appeal.

*558u garnishventíon 'praetiee. *557We believe this view to be unsound. In this case there was *558no question as to the indebtedness, nor as to the amount of indebtedness, for the keeping of the cattle, The garnishee admitted it to be $295, and neither the plaintiffs nor Eeninger claimed it to be more. The whole controversy was respecting the party to whom this claim was due. The proceeding was in the nature…

2Cited by7 opinions

  1. Mooney v. U. P. R.Supreme Court of Iowa · 1882
  2. German Bank v. American Fire InsuranceSupreme Court of Iowa · 1891
  3. Wile v. CohnU.S. Circuit Court for the Southern District of Iowa · 1894
  4. Leech v. BrownSupreme Court of Iowa · 1915
  5. O'Melia v. HoffmeyerSupreme Court of Iowa · 1903

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