Legal Opinion

Hawthorn v. Unthank

Supreme Court of Iowa

Decided December 6, 1879PublishedCited by 1 opinion

Appeal from Pottawattamie Circuit Cov/rt. The plaintiff recovered a judgment against one Williams, before a justice of the peace, for $78. An execution was issued upon said judgment, and the defendant herein was garnished as a supposed debtor of Will’- jns. The defendant made answer before said justice, stat ' that at the time lie was garnished he had in his possess , me horse of the value of $75, one wagon of the value of $'i The defendant appealed to the Circuit Court.

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Appeal from Pottawattamie Circuit Cov/rt. The plaintiff recovered a judgment against one Williams, before a justice of the peace, for $78. An execution was issued upon said judgment, and the defendant herein was garnished as a supposed debtor of Will’- jns. The defendant made answer before said justice, stat ' that at the time lie was garnished he had in his possess , me horse of the value of $75, one wagon of the value of $'i The defendant appealed to the Circuit Court. The plaintiff-moved to dismiss the appeal and affirm the judgment of the justice for the following reasons. 1. The…

1Opinion of the CourtRothrock, J.

i. gamntshSyheíd Ry’ moneyhjudgment. — It is claimed that the court should have sustained the motion to dismiss the appeal, because the judgment before the justice was rendered upon the admiss*ons an(^ confessions of the defendant in his answer as garnishee. The garnishee did not confess judgment in his answer, neither did he admit that plaintiff was entitled to a money judgment against him. The justice of the peace decided the case improperly upon the evidence submitted to him. The evidence showed that the gar*509nisb.ee bad certain property in his hands belonging to Williams, upon which he, the…

2Cited by1 opinion

  1. Fountain Bros. v. SmithSupreme Court of Iowa · 1886

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