Legal Opinion

National Bank v. Chase

Supreme Court of Iowa

Decided March 7, 1887PublishedCited by 2 opinions

Appeal from Plymouth Circuit Court. This is a proceeding in attachment by garnishment. The defendant Chase is the judgment debtor. The Eirst National Bank of Le Mars is the garnishee. The subject of the garnishment is money in the possession of the garnishee, the proceeds of a promissory note which the bank collected.

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Appeal from Plymouth Circuit Court. This is a proceeding in attachment by garnishment. The defendant Chase is the judgment debtor. The Eirst National Bank of Le Mars is the garnishee. The subject of the garnishment is money in the possession of the garnishee, the proceeds of a promissory note which the bank collected. O. A. Robbe appeared as an intervenor, and claimed that the note was purchased by him of Chase, while in the possession of the bank, and before the garnishment, and that he is entitled to the proceeds of the note. At the May term, 1885, certain depositions taken in behalf of…

1Opinion of the CourtRothrock, J.

It will be observed from the above statement of facts that there has been some remarkable practice in this case. There has been no final judgment in the court below. The last step that appears to have been taken was a continuance of the cause against the objection of both parties. Our first impression, after an examination of the record, was that no appeal would lie, because the court below might yet correct any of the errors complained of. We are still of the opinion that the intervenor has no right to appeal. Indeed, we do not understand that he claims that his depositions were properly…

2Cited by2 opinions

  1. Bristol v. BrentUtah Supreme Court · 1909
  2. Simitz v. SchaapveldSupreme Court of Iowa · 1913

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