Estey v. Fuller Implement Co.
Supreme Court of Iowa
Appeal from Crestón Superior Court. — Hon. George P. Wilson, Judge. This proceeding was commenced by the plaintiffs filing with the judge oí the superior court oí Crestón an affidavit conforming to the requirements of chapter 3, title 18, of the Code, providing for proceedings auxiliary to execution.
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Appeal from Crestón Superior Court. — Hon. George P. Wilson, Judge. This proceeding was commenced by the plaintiffs filing with the judge oí the superior court oí Crestón an affidavit conforming to the requirements of chapter 3, title 18, of the Code, providing for proceedings auxiliary to execution. The affidavit stated that the Fuller Implement Company had property which it refused to apply in payment of two judgments against it in favor of the plaintiffs, upon which, execution had been returned unsatisfied ; that the said implement company is a corporation, of which A. R. Fuller was the…
1Opinion of the Court
Gtveít, J.
I. The appellant maintains that this proceeding was tried and .treated by the trial court as *681an equitable action, and should be so considered eed- and treated in this court. We do not think the record sustains this position. -i. execution: a?v procfo?soosw.ul'ity
The proceeding is not under section 3150, and those following, relating to equitable proceedings, but is unquestionably a proceeding auxiliary to execution, as provided for in preceding sections. That Fuller and wife filed answers not required by law, and that the testimony was taken by consent in term time and' in open…
2Cases cited2 opinions
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
- Osborne v. ReardonSupreme Court of Iowa · 1890
3Cited by5 opinions
- Petty v. Hayden Bros.Supreme Court of Iowa · 1901
- Bourlier v. KeithleyNebraska Supreme Court · 1942
- Lehigh Sewer Pipe & Tile Co. v. GjellefaldSupreme Court of Iowa · 1928
- Bennett v. Valley Mining Co.Supreme Court of Iowa · 1909
- First National Bank of Laramie v. CookWyoming Supreme Court · 1904