Stadler, Bros. & Co. v. Parmlee & Watts
Supreme Court of Iowa
Appeal from Warren District Court. The facts necessary to an understanding of tbe questions determined are stated in tbe opinion of tbe court. First. That a judgment against a garnishee cannot be legally rendered, so as to place tbe garnishee in a worse condition than be stood to bis creditor either as to amount, manner of payment or time of payment. Bell v. Preston, 1 Iowa, 460; Williams et al. v. Housel, 2 Id., 154; Wilson y. MUrighi, 2 Gr. Grreene, 125; Walters y.
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Appeal from Warren District Court. The facts necessary to an understanding of tbe questions determined are stated in tbe opinion of tbe court. First. That a judgment against a garnishee cannot be legally rendered, so as to place tbe garnishee in a worse condition than be stood to bis creditor either as to amount, manner of payment or time of payment. Bell v. Preston, 1 Iowa, 460; Williams et al. v. Housel, 2 Id., 154; Wilson y. MUrighi, 2 Gr. Grreene, 125; Walters y. Washington Insurance Company, 1 Iowa, 404; Smith, Twogood & Co. v. Clarice & Ilenely, 9 Id., 241; Drake on Attachment (2d ed.),…
1Opinion of the CourtLowe, J.
In a proceeding by attachment plaintiffs obtained a judgment against defendants for $2,714.33. Also against Renslow, the garnishee, for $500, who appeals alleging, First, that the court could not regularly render such a judgment against him for money upon the answer which he had made. Second. That it could not render a judgment against him at all after the attachment had been quashed. And, lastly, in not making the judgment against the garnishee a satisfaction of the indebtedness of the garnishee to the defendants.
We briefly notice these assigned errors in the reverse .order in which they are…
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- Melven v. DarlingSuperior Court of New Hampshire · 1803