Timmons v. Johnson
Supreme Court of Iowa
Appeal from Washington District Court. On the 16th November, 1861, plaintiff recovered judgment against one Craig for $187, and costs. $11.60. Johnson was summoned as the debtor of Craig, and answered that on the 25th of October, 1854, he bought a farm of one Tipton, on which there was a mortgage to Craig to secure the purchase money, $200; that he ascertained the existence of the mortgage after his purchase, and requested Tipton to discharge it; that Tipton professed and…
Read the full summary
Appeal from Washington District Court. On the 16th November, 1861, plaintiff recovered judgment against one Craig for $187, and costs. $11.60. Johnson was summoned as the debtor of Craig, and answered that on the 25th of October, 1854, he bought a farm of one Tipton, on which there was a mortgage to Craig to secure the purchase money, $200; that he ascertained the existence of the mortgage after his purchase, and requested Tipton to discharge it; that Tipton professed and expressed a willingness to do so if he could find Craig; that for his (Johnson’s) protection Tipton thereupon paid him the…
1Opinion of the CourtWright, J.
That the judgment against the garnishee is at least excessive we entertain no doubt. Plaintiff had judgment against the principal, dated November 16th, 1861, for damages and costs, $198.60, and recovered judgment against the garnishee on the 20th of the same month for $318, less costs of the garnishee ‘ proceeding, $6.70. As the indebtedness from Johnson to Craig exceeded that from Craig to plaintiff, the judgment against the garnishee *25should hare been limited to the amount of the original judgment. If Johnson’s indebtedness had been less, then it would have been proper to have made him…
2Cases cited1 opinion
- Pope & Slocum v. JacobusSupreme Court of Iowa · 1859
3Cited by3 opinions
- Hughes v. MontySupreme Court of Iowa · 1868
- Turner v. AdamsSupreme Court of Florida · 1897
- Tyler v. LangworthySupreme Court of Iowa · 1873