Leiber v. U. P. R. Co.
Supreme Court of Iowa
Appeal from Pottaioaitamie Circuit Court. The plaintiff brought an action before a justice of the peace in this State against one Doolittle, and obtainedaa judgment against him. A transcript of the same was filed in the Circuit Court of Pottawattamie county, and an execution issued thereon by the clerk of said court, and the defendant was garnished as the supposed debtor of Doolittle.
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Appeal from Pottaioaitamie Circuit Court. The plaintiff brought an action before a justice of the peace in this State against one Doolittle, and obtainedaa judgment against him. A transcript of the same was filed in the Circuit Court of Pottawattamie county, and an execution issued thereon by the clerk of said court, and the defendant was garnished as the supposed debtor of Doolittle. The defendant appeared and filed an answer, whereupon, on motion of the plaintiff, and without other evidence, judgment was rendered in favor of the plaintiff, and the defendant appeals.
1Opinion of the CourtSeevers, J.
1. GAltNISH-Sdentdebt- or: exemption. The answer disclosed the fact that the defendant was indebted to Doolittle, and that such indebtedness arose in Nebraska, was due and payable there, X J an(l State; that Doolittle, at the time indebtedness arose, was, and now is, a citizen and resident of Nebraska; and that the indebtedness aforesaid was exempt from execution, attachment or garnishment under the laws of Nebraska.
It is conceded the statements'in the answer are true, and the question for determination is whether, under the facts above stated, judgment should have been rendered against the…
2Cases cited3 opinions
- Dunlap & Co. v. CodySupreme Court of Iowa · 1871
- Moore v. C., R. I. &. P. R.Supreme Court of Iowa · 1876
- Newell v. HaydenSupreme Court of Iowa · 1859
3Cited by14 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
- Broadstreet v. ClarkSupreme Court of Iowa · 1885
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
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