Kelley, Maus & Co. v. Andrews
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. S. M. Weaver, Judge. Plaintiff, a judgment creditor of the defendant, caused notice of garnishment to be served upon Mary E. Andrews, as a supposed debtor of the defendant. The garnishee answered, and issues were joined on her answer. The case was transferred to, and tried as in equity, and, on appeal, reversed.
Read the full summary
Appeal from Boone District Court. — Hon. S. M. Weaver, Judge. Plaintiff, a judgment creditor of the defendant, caused notice of garnishment to be served upon Mary E. Andrews, as a supposed debtor of the defendant. The garnishee answered, and issues were joined on her answer. The case was transferred to, and tried as in equity, and, on appeal, reversed. See 94 Iowa, 484 (62 N. W. Rep. 858). The case was re-tried to a jury, and a verdict and judgment rendered in favor of the garnishee. Plaintiff appeals. —
1Opinion of the CourtGtven, J.
I. It is not necessary that we set out the pleadings or proofs. The following statement of facts will be sufficient for the purpose of the questions to be considered: Defendant, J. H. Andrews, was for a number of years engaged in the retail hardware business in Boone, Iowa. He became indebted to his wife, this garnishee, for borrowed money, and executed to her a chattel mortgage upon his stock of hardware, notes, books of account, and other property described, to secure the same, and also conveyed to her certain real estate. Mrs. Andrews took possession of the property described in the…
2Cases cited1 opinion
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
3Cited by14 opinions
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Shuman v. Supreme Lodge Knights of HonorSupreme Court of Iowa · 1900
- People v. HamacherMichigan Supreme Court · 1989
- Silver v. Wickfield Farms, Inc.Supreme Court of Iowa · 1929
- Murphree v. HensonSupreme Court of Alabama · 1972
9 more not listed; retrieve them via the Exa API.