Wright & Taylor v. Dougherty
Supreme Court of Iowa
Appeals from Superior Court of Oelwein.— Hon. E. L. Elliott, Judge. These cases are substantially alike in their facts, and they have been submitted together, to be disposed of in one opinion. The facts will be stated in the opinion. In each case John Harrington intervened, and on his death, pending the trial, James Harrington, executor of his estate, was substituted.
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Appeals from Superior Court of Oelwein.— Hon. E. L. Elliott, Judge. These cases are substantially alike in their facts, and they have been submitted together, to be disposed of in one opinion. The facts will be stated in the opinion. In each case John Harrington intervened, and on his death, pending the trial, James Harrington, executor of his estate, was substituted. In each case there was judgment in the court below in favor of the plaintiff, and therefrom the defendant and intervener appealed.—
1Opinion of the CourtBishot, J.
The material facts are not in dispute. The defendant Dougherty having been indicted by the grand jury of Fayette county and held to bail in the sum of $1,000, there was deposited with J. W. Winston, clerk of the district court, in lieu of a bail bond, the sum of $1,000 in cash. The respective plaintiffs in these actions are judgment creditors of said Dougherty, and on executions issued they caused Winston to be garnished. Hpon being called to answer Winston thus deposed: “ I have in my possession $1,000 cash, appearance bond in case of State of Iowa v. M. P. Dougherty.” John Harrington…
2Cases cited5 opinions
- State v. OwensSupreme Court of Iowa · 1900
- Welton v. TizzardSupreme Court of Iowa · 1864
- Rea v. WilsonSupreme Court of Iowa · 1900
- City National Bank v. CrahanSupreme Court of Iowa · 1907
- State v. AndersonSupreme Court of Iowa · 1903
3Cited by20 opinions
- Schmidt v. UhlenhoppSupreme Court of Iowa · 1966
- BANKERS'MORTG. CO. OF TOPEKA, KAN. v. McCombCourt of Appeals for the Tenth Circuit · 1932
- Foster v. ThorntonSupreme Court of Florida · 1937
- Mundell v. WellsCalifornia Supreme Court · 1919
- State v. SchultzSupreme Court of Iowa · 1976
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