Legal Opinion

Williams v. Housel

Supreme Court of Iowa

Decided December 15, 1855PublishedCited by 5 opinions

Appeal from the Scott District Court. Williams & Cunnigham sued Robbins & Co. for a debt of about $281, and garnished P. M. Housel, the appellant. The whole question arises on a brief answer of the garnishee, which is as follows: “ At the time of the service of the garnishee notice in this action, I had under my control property of the defendants, to the amount of probably $2,000; it may have been more or less.

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Appeal from the Scott District Court. Williams & Cunnigham sued Robbins & Co. for a debt of about $281, and garnished P. M. Housel, the appellant. The whole question arises on a brief answer of the garnishee, which is as follows: “ At the time of the service of the garnishee notice in this action, I had under my control property of the defendants, to the amount of probably $2,000; it may have been more or less. This property had been previously attached at the suit of Lawrence, Stewart & - Co., against Robbins & Co., and released by a bond on which I was surety. To secure me against my…

1Opinion of the CourtWoodward, J.

In our opinion, the District Court erred in charging the garnishee in this stage of the proceedings. *156The plaintiff assumes a principle which, cannot be assented to at once: that is, that the garnishee is presumed, in the process of garnishment, to be indebted, or to hold property. This is no more presumed of him, than of a defendant. A judgment is rendered on default, not on such a presumption, but because a default is an admission. In this proceeding, the plaintiff is to show the garnishee’s liability; and this is done, either by his answer, or, under our statute, by forming an issue on the…

2Cases cited1 opinion

  1. Bebb v. PrestonSupreme Court of Iowa · 1855

3Cited by5 opinions

  1. Smith, Twogood & Co. v. Clarke & HenleySupreme Court of Iowa · 1859
  2. Huntington v. RisdonSupreme Court of Iowa · 1876
  3. Cox v. RussellSupreme Court of Iowa · 1876
  4. Davis v. StevensSupreme Court of Iowa · 1856
  5. Dickinson v. DavisSupreme Court of Iowa · 1914

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