Dowling & Allgood v. Wood
Supreme Court of Iowa
Appeal from Dallas District Court.— Hon. J. H. Apple-gate, Judge. Action was brought before a justice of the peace, aided by an attachment, to recover an indebtedness of $40.98. Defendant moved for release of money attached by garnishment in the hands of the Chicago', -Milwaukee & St. Paul Railway Company on the ground that he was a married man, and that the sum for which the railroad company was gamishéd was due him as personal earnings, and therefore exempt under the…
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Appeal from Dallas District Court.— Hon. J. H. Apple-gate, Judge. Action was brought before a justice of the peace, aided by an attachment, to recover an indebtedness of $40.98. Defendant moved for release of money attached by garnishment in the hands of the Chicago', -Milwaukee & St. Paul Railway Company on the ground that he was a married man, and that the sum for which the railroad company was gamishéd was due him as personal earnings, and therefore exempt under the provisions of Code, section 4011. By way of resistance to this motion it was alleged for the plaintiffs that the action was…
1Opinion of the CourtMcClain, J.
1. garnishment:personal earnings; exemptions. The case presented upon this appeal is simple, though it may not be easy of solution. Code, section 4011, provides that the earnings of a debtor, who is a resident of the state and the head of a family, for his personal services or those of his family, at any time within ninety days next preceding, are exempt. The question is whether the debtor himself may by his act or agreement waive the right subsequently to interpose this exemption in a garnishment proceeding. It is first argued that, as the exemption is to the head of a family, the personal…
2Cases cited1 opinion
- Curtis v. O'BrienSupreme Court of Iowa · 1866
3Cited by2 opinions
- Scott v. . BryanSupreme Court of North Carolina · 1936
- Holdorf v. HoldorfSupreme Court of Iowa · 1919