Boyer v. Hawkins
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. A. R. Dewey, Judge. W. S. Mantin, executor of the estate of D. V. Coryell, deceased, was garnished as a supposed debtor of the defendants, and, haying answered, issue was taken upon the answer, and on the hearing judgment was rendered against the garnishee, and he was ordered to pay into' court the sum of seven hundred and sixty-six dollars and seventy cents and seventeen dollars and •eighty-eight cents costs in satisfaction of the…
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Appeal from Mahaska District Court. — Hon. A. R. Dewey, Judge. W. S. Mantin, executor of the estate of D. V. Coryell, deceased, was garnished as a supposed debtor of the defendants, and, haying answered, issue was taken upon the answer, and on the hearing judgment was rendered against the garnishee, and he was ordered to pay into' court the sum of seven hundred and sixty-six dollars and seventy cents and seventeen dollars and •eighty-eight cents costs in satisfaction of the judgment against the defendant, Elizabeth Hawkins. From this judgment the garnishee appeals.
1Opinion of the CourtGiven, J.
1. garnishment - mg- answer of ■discharge. I. Mr. Martin was served with notice of garnishment on the eleventh day of September, : 1888, to appear on the first day of the next term, October 2-, 1888. He appeared at, the time required, but, his answer not being taken, and nothing further done towards taking, the same, he filed his motion on October 1,1889, to be discharged because of the failure to take his answer, by reason of which he was prevented from making final settlements as executor.' This motion was overruled, and his answer taken on November 4,1889. The appellant complains of the…
2Cited by10 opinions
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- Carson, Pirie, Scott & Co. v. LongSupreme Court of Iowa · 1934
- Fulton v. OkesSupreme Court of Minnesota · 1935
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