McFarland v. Folsom & Co.
Supreme Court of Iowa
Appeal from Boone District Court. Plaintiff brought action against defendants, James Folsom & Co., upon promissory notes, wherein an attachment was issued, and the City Bank of Boone was garnished thereon and answering, showed that it had money of defendants’ on deposit. Thereupon E. L. Dexter intervened, claiming a part of the money upon deposit in the bank.
Read the full summary
Appeal from Boone District Court. Plaintiff brought action against defendants, James Folsom & Co., upon promissory notes, wherein an attachment was issued, and the City Bank of Boone was garnished thereon and answering, showed that it had money of defendants’ on deposit. Thereupon E. L. Dexter intervened, claiming a part of the money upon deposit in the bank. Upon a trial without a jury, the court found for the intervenor, and rendered judgment that the amount of money claimed by him be released from the attachment. Plaintiff appeals.
1Opinion of the CourtBeck, J.
— I. The appellees file an amended abstract, showing substantially that the cause was not tried as an action in equity in the court below, and that the bill of exceptions or certificate of the evidence was not filed within the *118time prescribed — sixty days — in the order of the district court, and thereon base a motion to strike the bill of exceptions and the evidence from the records. The plaintiff does not deny this amended abstract, but, as avoiding it, alleges that the case was tried upon written evidence; but shows in his- supplemental abstract that three witnesses were examined orally in…
2Cases cited6 opinions
- Hahn v. MillerSupreme Court of Iowa · 1882
- State v. FaySupreme Court of Iowa · 1876
- St. John v. WallaceSupreme Court of Iowa · 1868
- Lynch v. KennedySupreme Court of Iowa · 1875
- Lloyd v. BeadleSupreme Court of Iowa · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Barber v. ScottSupreme Court of Iowa · 1894