Todhunter & Williamson v. D. M., I. & M. R. Co.
Supreme Court of Iowa
Appeal from Polh Circuit Court. Tuts is a proceeding by garnishment against the C., E. I. & P. E. Co., garnishee in an action wherein plaintiffs recovered judgment against the defendant, the D. M., I. & M. E. Co. A judgment was rendered against the garnishee, the C., E. I. & P. E. Co. The garnishee and the defendant unite in the appeal.
1Opinion of the CourtEothrock, J.
I. The plaintiffs recovered a judgment against the Des Moines, Indianola & Missouri Eailroad Company, and caused the Chicago, Eock Island & Pacific Eailroad Company to be garnisheed as the debtor of defendant. The garnishee answered, denying indebtedness to defendant, and showing that it has in its possession, and under its control the railroad owned by defendant, which it operates under a lease for the term of nine hundred-and ninety-nine years; that, by the terms of the lease, the garnishee is bound in payment of rent, to apply thirty per centum of the gross earnings of the road in payment…
2Cited by8 opinions
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
- Hubbell v. HubbellSupreme Court of Iowa · 1907
- Phillips v. HarrowSupreme Court of Iowa · 1894
- In Re Small's EstateSupreme Court of Iowa · 1953
- Sias v. Van AlyeaSupreme Court of Iowa · 1953
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