Ruthven Bros. v. Clarke
Supreme Court of Iowa
Appeal front Palo Alto District Court. — Hon. W. B. Quar-ton, Judge. GARNISHMENT proceedings by a judgment creditor. Tbe answers of a garnishee were taken, a petition of intervention was filed, to which the judgment creditor filed an answer, there was a trial by jury, and a verdict and judgment for the intervener. The judgment creditor appeals.
1Opinion of the CourtRobinson, C. J.
On the sixteenth day of March, 1897, O. E. Olarke, the garnishee, was owing W. H. McCune three hundred dollars, and the latter was owing more than that amount on an unsatisfied judgment rendered in favor of and owned by Ruthven Bros. Before 10 o’clock in the morning of the day specified, McCune drew and delivered an order, a copy of which is as follows: “Ruthven, Iowa, March 16th, 1897. To C. E. Clarke, P. M.: You will pay to E. II. Gid-dings 'the throe hundred dollars due April 1st on post-office outfit for the purpose of paying on certain loan in the Home Savings & Trust Co. of Des Moines,…
2Cases cited5 opinions
- Metcalf v. KincaidSupreme Court of Iowa · 1893
- Moore v. LowreySupreme Court of Iowa · 1868
- Heusinkveld v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1898
- McWilliams v. Webb & SonSupreme Court of Iowa · 1871
- Bullis v. EastonSupreme Court of Iowa · 1895
3Cited by7 opinions
- Exchange State Bank v. Occident Elevator Co.Montana Supreme Court · 1933
- What Cheer Savings Bank v. MowerySupreme Court of Iowa · 1910
- Current News Features, Inc. v. Pulitzer Pub. Co.Court of Appeals for the Eighth Circuit · 1936
- Geddes v. McElroySupreme Court of Iowa · 1915
- United States v. SchroederDistrict Court, S.D. Iowa · 1964
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