Hall v. Carter
Supreme Court of Iowa
Appeal from Palo Alto District Court. — IIon. Lot Thomas, Judge. On-the twenty-third of August, 1880, the Palo Alto circuit court rendered judgment in favor of plaintiff and against defendant B. Franklin for $142.78 damages, and $13.50 costs. On the eleventh day of October, 1886, A. B. Carter and A. D. Franklin were served with garnishment process by virtue of an execution issued on said judgment.
Read the full summary
Appeal from Palo Alto District Court. — IIon. Lot Thomas, Judge. On-the twenty-third of August, 1880, the Palo Alto circuit court rendered judgment in favor of plaintiff and against defendant B. Franklin for $142.78 damages, and $13.50 costs. On the eleventh day of October, 1886, A. B. Carter and A. D. Franklin were served with garnishment process by virtue of an execution issued on said judgment. The answers of the garnishees, in which they denied all liability, were afterwards taken in court, and a pleading controverting such answers was duly filed. To this pleading the garnishees filed an…
1Opinion of the CourtRobinson, J.
L íeáa?^gTI01rs: incorporated by copy. I. In its charge to the jury, the district court used the following language: ‘ ‘ The plaintiff controverts the answers given by the garnishees, and for that purpose files the following pleading, to-wit.” ThepleadiQg referred to was not included in the charge by copy, but was read by the court as a part of its charge. Substantially the same course was pursued in regard to the answer which the garnishees had filed to the plaintiff ’ s pleading controverting their answers. This court has repeatedly disapproved similar practice. Fitzgerald v. McCarty, 55…
2Cases cited5 opinions
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Fitzgerald v. McCartySupreme Court of Iowa · 1881
- Porter v. KnightSupreme Court of Iowa · 1884
- Dorr v. SimersonSupreme Court of Iowa · 1887
- Lindsay v. City of Des MoinesSupreme Court of Iowa · 1886
3Cited by10 opinions
- Connelly v. NolteSupreme Court of Iowa · 1946
- Walrod v. Webster CountySupreme Court of Iowa · 1900
- State v. ArmstrongOregon Supreme Court · 1903
- State v. PhilpotSupreme Court of Iowa · 1896
- De Wulf v. DixSupreme Court of Iowa · 1900
5 more not listed; retrieve them via the Exa API.