Borgalthous v. Farmers & Merchants' Ins.
Supreme Court of Iowa
Ayypealfrom, Henry Circuit Court. Action in attachment against the Farmers & Merchants’ Insurance Company. Leedham was garnished. The defendant made default and judgment was entered accordingly. Leedham answered to the garnishee process, admitting that he had in his hands an amount of money, the proceeds of certain collections made by him upon certain claims placed in his hands by one Bennison, the receiver of the defendant, appointed by a court of the State of Illinois.
Read the full summary
Ayypealfrom, Henry Circuit Court. Action in attachment against the Farmers & Merchants’ Insurance Company. Leedham was garnished. The defendant made default and judgment was entered accordingly. Leedham answered to the garnishee process, admitting that he had in his hands an amount of money, the proceeds of certain collections made by him upon certain claims placed in his hands by one Bennison, the receiver of the defendant, appointed by a court of the State of Illinois. The notes and accounts so collected were assets of the defendant. Upon issue joined in the answer of the garnishee and…
1Opinion of the Court
Beck, Ch. J.
The judgment of the circuit court cannot be reviewed upon this appeal. 1. Bennison being no party to the record cannot appeal from the judgment. He cannot be heard in this court because he is not known in the proceedings. Had he such an interest in the garnishment as entitled him to appear therein he should have made proper application in the court below to be made a party, to intervene or to defend. Having failed to do this, he is regarded as a mere stranger. The State ex rel. Alderson v. Jones, County Judge, 11 Iowa, 11.
If Bennison be regarded as the receiver of defendant, and…
2Cases cited3 opinions
- Mississippi & Missouri Railroad v. ByingtonSupreme Court of Iowa · 1863
- State ex rel. Alderson v. JonesSupreme Court of Iowa · 1860
- Robison v. Saunders, Kibben & Co.Supreme Court of Iowa · 1863
3Cited by17 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Black v. BlackMontana Supreme Court · 1905
- Ind. Dist. v. Dist. Tp.Supreme Court of Iowa · 1876
- Harte v. CastetterNebraska Supreme Court · 1894
- Metropolitan Development & Housing Agency v. HillCourt of Appeals of Tennessee · 1974
12 more not listed; retrieve them via the Exa API.