Commonwealth Bank & Trust Co. v. Collins Mortg. Co.

DEWEY, District Judge.

The above-entitled cause came on for hearing in open court at Des' Moines, Iowa, on the 2d day of February, 1935, on motions of the defendants to dismiss a garnishment proceeding instituted by the plaintiff. The facts as stated by the plaintiff in its brief and established by the record, of which the court will take judicial notice, are as follows:

“This suit was brought against both the Collins Mortgage Company and the Equitable Life Assurance Society. After the introduction of the evidence and the submission of the case before the Master, and pending the filing of the…