Parmenter v. Childs
Supreme Court of Iowa
Appeal from Polh District Court. The plaintiffs brought their several suits against one Hea-ton for sums due them from him, for labor performed as sub-contractors, on a dwelling house erected bj him for the defendant Childs.
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Appeal from Polh District Court. The plaintiffs brought their several suits against one Hea-ton for sums due them from him, for labor performed as sub-contractors, on a dwelling house erected bj him for the defendant Childs. The facts are substantially the same in the three cases, and are sufficiently presented by the following statement prepared from the record in Parmenter v. Childs: — The petition, after stating the cause of action against Heaton, alleges that the defendant Childs is indebted to said Heaton for labor performed on said building, and prays that the plaintiff “ may have the…
1Opinion of the CourtWeight, J.
I. Under § 1006 of the Code of 1851, it is not necessary that a writ of attachment should issue in order to procure the writ of garnishment therein provided for. It was not intended to assimilate the proceedings instituted-by a sub-contractor to procure the benefit of the lien given by the succeeding section, to the attachment and garnishment process provided for in chapter 109 of the Code, to the extent of requiring a writ of attachment against the principal contractor.
II. Where the record stated that the garnishee was called, failed to appear, and was thereupon defaulted, held, that it was…
2Cases cited1 opinion
- Fifield v. WoodSupreme Court of Iowa · 1859
3Cited by2 opinions
- Earl v. MatheneyIndiana Supreme Court · 1877
- Evans v. MohnSupreme Court of Iowa · 1880