Burlington & Missouri River Railway Co. v. Hall
Supreme Court of Iowa
Appeal from Montgomery District Qowrt. Saturday, December 13. This cause was submitted to the district court upon an agreed statement of facts setting forth in substance that the defendant Hall, on the 17th of July, 1871, obtained judgment against one C. Templin for $53.33 and costs, in an attachment suit commenced before C. M. Mills, a justice of the peace of said county, and that A. Mallory, as station agent of said railway company, was attached as garnishee, and answered…
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Appeal from Montgomery District Qowrt. Saturday, December 13. This cause was submitted to the district court upon an agreed statement of facts setting forth in substance that the defendant Hall, on the 17th of July, 1871, obtained judgment against one C. Templin for $53.33 and costs, in an attachment suit commenced before C. M. Mills, a justice of the peace of said county, and that A. Mallory, as station agent of said railway company, was attached as garnishee, and answered acknowledging an indebtedness from said railway company to said Templin to the amount of $459.10, less previous…
1Opinion of the CourtDay, J.
The justice of the peace had jurisdiction over the subject-matter and the person of the garnishee. His judgment, though erroneous, is not void. It works an injustice that the garnishee should be required to pay the creditors of 'Templin more than was due Templin himself. But it is the same kind of injustice that is always wrought when an erroneous judgment is entered. If the court entering a judgment has jurisdiction to render it, the enforcement of it will not afterward be restrained merely because it is an improper or unjust judgment. The remedy of the aggrieved party is by appeal, or writ…
2Cases cited2 opinions
- Mason v. MessengerSupreme Court of Iowa · 1864
- Houston v. Wolcott & Co.Supreme Court of Iowa · 1858
3Cited by7 opinions
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Peninsular Iron Co. v. EellsCourt of Appeals for the Eighth Circuit · 1895
- Commercial State Bank v. PierceSupreme Court of Iowa · 1916
- Watts v. Alexander, Morrison & Co.District Court, E.D. New York · 1929
- Dunning v. BailySupreme Court of Iowa · 1903
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