Bebb v. Preston
Supreme Court of Iowa
Appeal from, the Linn District, GourL Bebb commenced suit in tbe District Court of Linn county, by attachment, against Hathaway & Parkhurst, former part* ners, and garnished Isaac M. Preston, who was. required to appear at tbe next term of said court, and answer interroga* taries. At tbe succeeding term, judgment was rendered against Hathaway & Parkhurst, for tbe sum of $890.47, and tbe- answer of Preston, as garnishee, was taken.
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Appeal from, the Linn District, GourL Bebb commenced suit in tbe District Court of Linn county, by attachment, against Hathaway & Parkhurst, former part* ners, and garnished Isaac M. Preston, who was. required to appear at tbe next term of said court, and answer interroga* taries. At tbe succeeding term, judgment was rendered against Hathaway & Parkhurst, for tbe sum of $890.47, and tbe- answer of Preston, as garnishee, was taken. In tbe an* swer, Preston denies, that be is in any manner indebted to said defendants, or that he has in bis possession, or under bis control, any money,, or…
1Opinion of the Court
Woodward, J.(1)
The first matter presented, is a motion to dismiss tbe appeal, for tbe alleged reason tbat tbe judgment of tbe court below, is not such a judgment as warrants an appeal therefrom. Tbe statute gives an appeal from final judgments and decisions of tbe District Court, “as well in case of civil actions, properly so called, as in proceedings of a special or independent character.” If an appeal does not lie from a judgment discharging a garnishee, neither does it lie from one charging him. Tbe court would be very reluctant to hold, tbat there was no appeal for a-garnishee, from…
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