Legal Opinion

Cedar Rapids Lumber Co. v. Fisher

Supreme Court of Iowa

Decided January 15, 1906PublishedCited by 3 opinions

Appeal from Cedar Rapids Superior Court.— Hon. J. H. Rothrock, Judge. This is a proceeding in garnishment. Plaintiff is a judgment creditor of R. H. Fisher, and under execution issued caused the school district of Silver Lake township, Dickinson county, and the officers of said district, to be garnished as supposed debtors of said Fisher. The garnishees answered, and upon issue joined a hearing was had before the court, resulting in a judgment in favor of plaintiff.

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Appeal from Cedar Rapids Superior Court.— Hon. J. H. Rothrock, Judge. This is a proceeding in garnishment. Plaintiff is a judgment creditor of R. H. Fisher, and under execution issued caused the school district of Silver Lake township, Dickinson county, and the officers of said district, to be garnished as supposed debtors of said Fisher. The garnishees answered, and upon issue joined a hearing was had before the court, resulting in a judgment in favor of plaintiff. The garnishees appeal.—

1Opinion of the CourtBishop, J.

We shall not attempt to set forth the issues in detail. It will be sufficient to state the facts. October 14, 1903, the school district advertised for bids for the erection of a schoolhouse, and in the notice made requirement for a certified cheek for $500 to accompany each bid. Nothing was said in the notice as to the purpose of such requirement. The notice'closes thus: “It is the intention of the board to award the contract to' the lowest responsible bidder, and to require the successful bidder to give bonds, etc., but the board reserves the right to reject any and all bids.” Said R. H.…

2Cases cited4 opinions

  1. Erving v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
  2. Weitz v. Independent District of Des MoinesSupreme Court of Iowa · 1890
  3. Leskie v. HaseltineSupreme Court of Pennsylvania · 1893
  4. Kirwan v. ByrneNew York Court of Common Pleas · 1894

3Cited by3 opinions

  1. Hayne v. CookSupreme Court of Iowa · 1961
  2. Jameson v. Joint Drainage District No. 3Supreme Court of Iowa · 1921
  3. Johnston v. Federal Land BankSupreme Court of Iowa · 1940

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