Padden v. Moore
Supreme Court of Iowa
Appeal from Winneshiek District Court. On tbe 12th day of March, 1878, the defendant, Webster, recovered a judgment in the Winneshiek District Court against William Padden. On the 15th day of October of the same year, the • said court being then in session, execution issued on the judgment, and the plaintiffs herein were garnished as supposed debtors of the execution defendant.
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Appeal from Winneshiek District Court. On tbe 12th day of March, 1878, the defendant, Webster, recovered a judgment in the Winneshiek District Court against William Padden. On the 15th day of October of the same year, the • said court being then in session, execution issued on the judgment, and the plaintiffs herein were garnished as supposed debtors of the execution defendant. The plaintiffs were required by the notice of garnishment, to appear at said court on the 9th day of that term being the 23d day of October. They went to Decorah, the place where said court was held, on that day…
1Opinion of the CourtRoti-irock, J.
I. It appears from tbe record tbat tbe garnishment notice was'served by a bailiff, who was duly appointed and acting a's such at the term of tbe court which was in session when tbe execution issued. It. is claimed by appellants that tbe court had no jurisdiction of them because tbe bailiff bad no power to serve tbe writ. We do not find it necessary to determine this question, because we think tbe decree of tbe court below must be reversed on another ground, which we will proceed to consider.
*7051. GARNISHEE: appearance : notice : jurisdiction. II. It is claimed that the court acquired no…
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