Des Moines Cotton Mill Co. v. Cooper
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. E. Balliet, Judge. The plaintiff is a judgment creditor of the defendant E. J. Cooper. An execution was issued on the judgment, and the Marquardt, Savings Bank was garnished as a supposed debtor of Cooper. Indebtedness was denied by the garnishee, and issue was taken upon the denial. There was a trial to the court without a jury, and from a judgment in favor of the garnishee for costs the plaintiff appeals.
1Opinion of the CourtRothrock, J.
It appears that at the time the notice of garnishment was seryed there wa,s on deposit in the Marquardt Savings Bank an amount of money, which is in dispute, much larger than the plaintiff’s judgment. To determine whether the court erred in holding that the bank was not liable as garnishee, it is not necessary to refer to any transactions between the bank and Coop<er prior to March 1, *6551893. On that day Cooper deposited in the hank the sum of nine hundred and ninety dollars and sixty cents. Before that deposit he was indebted to the hank by overdraft in the sum of forty-one dollars and…
2Cases cited2 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Shaver Wagon & Carriage Co. v. HalstedSupreme Court of Iowa · 1889
3Cited by7 opinions
- Malone v. MooreSupreme Court of Iowa · 1927
- J. J. Smith Lumber Co. v. Scott County Garbage Reducing & Fuel Co.Supreme Court of Iowa · 1910
- In re M. E. Dunn & Co.District Court, E.D. Arkansas · 1912
- Cunningham v. Bank of Nampa, Ltd.Idaho Supreme Court · 1907
- Home Land & Loan Co. v. RouthSupreme Court of Arkansas · 1916
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