Legal Opinion

Thompson v. Silvers & Hoffman

Supreme Court of Iowa

Decided October 21, 1882PublishedCited by 8 opinions

Appeal from Ringgold District Court. This is a proceeding in garnishment against the defendant, M. A. Hoffman. The plaintiff holds a judgment against the defendant, John N. Hoffman, a member, of the firm of Silvers & Hoffman. Upon his judgment he caused execution to issue, and caused M. A. Hoffman, wife of John N. Hoffman, to be garnished. The statutory questions were propounded to her by the sheriff, all of which she answered in the negative.

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Appeal from Ringgold District Court. This is a proceeding in garnishment against the defendant, M. A. Hoffman. The plaintiff holds a judgment against the defendant, John N. Hoffman, a member, of the firm of Silvers & Hoffman. Upon his judgment he caused execution to issue, and caused M. A. Hoffman, wife of John N. Hoffman, to be garnished. The statutory questions were propounded to her by the sheriff, all of which she answered in the negative. Afterward a referee was appointed to examine her further. She appeared before the referee and answered one question, stating in substance that she was…

1Opinion of the CourtAdams, J.

1. practice, lamination' of garnishee in court. The objections interposed by the appellee’s counsel were that she had already answered the statutory questions, and that the testimony sought to be elicited was against her husband, the execution , „ . defendant.

In our opinion neither of the objections was well taken. The statute expressly provides for the additional examination by the court after the garnishee has answered the statutory questions to the sheriff, if the plaintiff notifies the garnishee to appear in court for that purpose. The garnishee in this case was not only notified at the…

2Cited by8 opinions

  1. Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
  2. Frankenthal v. SolomonsonWashington Supreme Court · 1899
  3. Berles v. AdsitMichigan Supreme Court · 1894
  4. Stalcup v. JepsenNebraska Supreme Court · 1929
  5. Belknap v. PlatterWashington Supreme Court · 1909

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