Rock & Son v. Singmaster
Supreme Court of Iowa
Appeal from KeoT&uk Ovreuit Court. The plaintiffs are creditors of one Cable. As such they brought this action in attachment against him before a justice of the peace, and caused a notice of garnishment to be served upon Singmaster as garnishee. The justice rendered judgment against both the principal defendant and the garnishee. An appeal was taken to the circuit court, and judgment was rendered against the principal defendant, but the garnishee was discharged.
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Appeal from KeoT&uk Ovreuit Court. The plaintiffs are creditors of one Cable. As such they brought this action in attachment against him before a justice of the peace, and caused a notice of garnishment to be served upon Singmaster as garnishee. The justice rendered judgment against both the principal defendant and the garnishee. An appeal was taken to the circuit court, and judgment was rendered against the principal defendant, but the garnishee was discharged. The plaintiffs appeal.
1Opinion of the CourtAdams, J.
The court discharged Singmaster upon the ground that it had no proper evidence before it that he was *512garnished. No return was made upon the writ. The questions certified areas follows:
■ “First — Is a written return endorsed upon or attached to a writ of attachment and signed by the officer the only com-i petent evidence that can be produced of its service, when the wi-it itself is in evidence; or may the officer who served it, and failed to make his return, be permitted to testify what he did under and by virtue of the writ ?
“Second — Where a writ of attachment, notice of garnishment, and…
2Cases cited2 opinions
- Nelson v. BrownSupreme Court of Missouri · 1856
- Hall a. AyerNew York Supreme Court · 1859
3Cited by7 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- McDonald & Co. v. MooreSupreme Court of Iowa · 1884
- Gray v. LukowskiSupreme Court of Iowa · 1976
- Wile v. CohnU.S. Circuit Court for the Southern District of Iowa · 1894
- Gage v. MaschmeyerSupreme Court of Iowa · 1887
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