Legal Opinion

Farwell v. Tiffany

Supreme Court of Iowa

Decided May 13, 1891PublishedCited by 5 opinions

Appeal from Hardin District Court. — Hon. S. M. ' Weaveb, Judge. AotioN. aided by attachment, against Tiffany Bros. The Citizens’ Bank, being garnished, answered that it held property of the defendants under a bill of sale to secure a debt due to the bank from the defendants. Issue was joined upon the answer, and J. A. Boyer intervened, claiming that the bill of sale also secured a debt due to him from the defendants.

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Appeal from Hardin District Court. — Hon. S. M. ' Weaveb, Judge. AotioN. aided by attachment, against Tiffany Bros. The Citizens’ Bank, being garnished, answered that it held property of the defendants under a bill of sale to secure a debt due to the bank from the defendants. Issue was joined upon the answer, and J. A. Boyer intervened, claiming that the bill of sale also secured a debt due to him from the defendants. August 27, 1889, judgment was entered in favor of the plaintiffs against Tiffany Bros., and on October 28, 1889, judgment was entered establishing the claim of the garnishee,…

1Opinion of the CourtGivew, J.

The appellees move to dismiss this appeal because not taken within the time fixed by law. Section 3019 of the Code provides: “When an attachment has been discharged, if the plaintiff then announce his purpose to appeal from such order of discharge, he shall have two days in which to perfect his appeal, and during that time such discharge shall not operate a return of the property, nor divest any lien, if such appeal be so perfected at the end thereof.” The contention is whether this section applies to this case. The attachment was by garnishment under subdivision 4, section 2967, of. the…

2Cases cited1 opinion

  1. Harger v. SpoffordSupreme Court of Iowa · 1876

3Cited by5 opinions

  1. Conkling v. YoungSupreme Court of Iowa · 1909
  2. Woods v. BrownSupreme Court of Iowa · 1929
  3. Munn v. ShannonSupreme Court of Iowa · 1892
  4. Nichols v. IngramOregon Supreme Court · 1915
  5. University Club v. RattermanOhio Circuit Courts · 1887

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