Jenks v. Osceola Township
Supreme Court of Iowa
Appeal from Clarke Circuit Court. The defendant was garnished as the supposed debtor of one Densmore. At the next term of court, and on the 14th day of February, 1876, a commissioner was appointed to take the answer of the defendant as such garnishee. On the 22d day of February the commissioner filed the answer of the garnishee. It was admitted that the defendant was indebted to said Densmore in the sum of three hundred and sixty dollars.
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Appeal from Clarke Circuit Court. The defendant was garnished as the supposed debtor of one Densmore. At the next term of court, and on the 14th day of February, 1876, a commissioner was appointed to take the answer of the defendant as such garnishee. On the 22d day of February the commissioner filed the answer of the garnishee. It was admitted that the defendant was indebted to said Densmore in the sum of three hundred and sixty dollars. On the 24th of February the defendant filed a motion to discharge the attachment and quash the levy of the writ of attachment so far as the garnishment of…
1Opinion of the CourtServers, J.
i garnishipaf^orpol-a-' tlon Both parties have treated defendant as, and thereby practically conceded it to be, a municipal corporation, capable of suing and being sued, and we shall c0118^61' the question for determination' as it has been presented by counsel. The Code provides that “ a municipal corporation shall not be garnished.” Sec. 2976. It is insisted that it was not intended to exempt municipal corporations from the process of garnishment in all cases but only to an extent sufficient to protect them against embarrassment in the execution of their political, civil or corporate duties.…
2Cases cited1 opinion
- Clapp v. WalkerSupreme Court of Iowa · 1868
3Cited by3 opinions
- County of Des Moines v. Hinkley & NorrisSupreme Court of Iowa · 1883
- State ex rel. Crawford v. EberlyNebraska Supreme Court · 1882
- Wood v. State ex rel. CanadyIndiana Supreme Court · 1890