Smith v. Dickson
Supreme Court of Iowa
Appeal from, Delaware Circuit Court. Action to recover for work and labor performed by tbe plaintiff’s minor son. Defendant answered he bad been garnished as the supposed debtor of the plaintiff, and that judgment therein had been rendered against him for the full amount claimed by the plaintiff. . The plaintiff replied that the indebtedness sued for was exempt from “ execution and garnishment, and defendant well knew the same was exempt to him as the head of a family, but…
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Appeal from, Delaware Circuit Court. Action to recover for work and labor performed by tbe plaintiff’s minor son. Defendant answered he bad been garnished as the supposed debtor of the plaintiff, and that judgment therein had been rendered against him for the full amount claimed by the plaintiff. . The plaintiff replied that the indebtedness sued for was exempt from “ execution and garnishment, and defendant well knew the same was exempt to him as the head of a family, but that he fraudulently, to cheat and defraud plaintiff, and while residing in Delaware county, and after this suit was…
1Opinion of the CourtSeevers, J.
I. The amount in controversy being less than one hundred dollars, two questions have been certified upon which the opinion of the court is asked. The first is as follows:
“ Is a judgment rendered by a justice of the peace against a garnishee living in another county, upon such garnishee’s answers, a valid defense when plead by such garnishee in bar of an action brought against him by the judgment debtor for the same indebtedness, it being conceded that the original judgment in which the garnishment proceedings were had was valid, and obtained before said justice, who had jurisdiction of the…
2Cases cited2 opinions
- Leiber v. U. P. R. Co.Supreme Court of Iowa · 1878
- Miller & Co. v. Mason & Co.Supreme Court of Iowa · 1879
3Cited by9 opinions
- Endicott Johnson Corp. v. Encyclopedia Press, Inc.Supreme Court of the United States · 1924
- Agnew v. CroninCalifornia Court of Appeal · 1957
- Terre Haute & Indianapolis Railroad v. BakerIndiana Supreme Court · 1890
- State Savings Bank v. Guaranty Abstract Co.Supreme Court of Iowa · 1915
- Baltimore & Ohio Southwestern Railroad v. AdamsIndiana Supreme Court · 1903
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