Reinecke v. Gruner
Supreme Court of Iowa
Appeal from Dubuque District Court. — -Hon. Fred O’Donnell, Judge. This is a controversy over certain funds in the hands of one F. W. Altman, as administrator. Intervener, Biehl, filed a petition in which he claimed to be entitled thereto under an assignment from Martha Biehl, nee Gruner. Plaintiff, who garnished Altman, claims that the alleged assignment was without consideration, and is fraudulent and void.
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Appeal from Dubuque District Court. — -Hon. Fred O’Donnell, Judge. This is a controversy over certain funds in the hands of one F. W. Altman, as administrator. Intervener, Biehl, filed a petition in which he claimed to be entitled thereto under an assignment from Martha Biehl, nee Gruner. Plaintiff, who garnished Altman, claims that the alleged assignment was without consideration, and is fraudulent and void. The case was tried to the court, resulting in a decree finding that intervener was entitled to three hundred and fifty dollars, and the garnishee the remainder. Intervener appeals.
1Opinion of the CourtDeemer, J.
From the petition of intervention and answer thereto (which are the only pleadings the record contains), and from the decree rendered by the trial court, we gather the following facts: Plaintiff commenced action aided by attachment against Matha Biehl, nee Gruner, and caused one F. W. Altman to be garnished as a supposed debtor of said Biehl. In, that action Jacob Biehl intervened, claiming that he owned the funds in the hands of the garnishee in virtue of an assignment from Martha Biehl. Plaintiff and intervener' stipulated that there was in the hands of the garnishee the sum of five hundred…
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