Legal Opinion
Shelly v. Smith
Supreme Court of Iowa
Decided October 5, 1882PublishedCited by 3 opinions
Appeal from Lee Circuit Gourt. This is a proceeding of garnishment upon execution from a justice’s court. D. B. and Marianda Smith intervened and claimed that the amounts garnished were exempt as personal earnings within ninety days. The justice rendered judgment in favor of plaintiff against the garnishees. Upon appeal the Circuit Court held that the garnished funds were exempt. The plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtDay, J.
The cause was tried to the court, and the facts were found as follows:
“1. Plaintiff recovered a judgment against defendants, about the 27th of September, 1881, for the sum of $100 and costs, on which execution issued about the 27th of October, 1881, and Howard Tucker, George Bix and Prank Warren were garnished, and upon.answer by Warren that he owed defendant for board, September, 1881, $20; October, 1881, $20; and by Tucker that he owed for October, $54; and by Bix that-he owed for October, $40; a judgment was rendered against the garnishees.
“2. That D. B. Smith is the husband of Marianda…
2Cases cited2 opinions
- Brown v. HebardWisconsin Supreme Court · 1866
- Banks v. RodenbachSupreme Court of Iowa · 1880
3Cited by3 opinions
- Kerr v. Tyler Guaranty State BankCourt of Appeals of Texas · 1926
- Fay Securities Co. v. BoweringCalifornia Court of Appeal · 1929
- Van Giesen v. AchiHawaii Supreme Court · 1920