Hunt v. Clark
Supreme Court of Iowa
. Appeal from Pottawattamie Circuit Court. On the 15th day of June, 1876, the plaintiff’s commenced their action to recover of D. J. Nichols five hundred and eighty-one dollars, for merchandise before that time sold by them to said Nichols. The petition contained the necessary allegations for a writ of attachment. The writ was issued, and on the same day a notice of garnishment was served on S. W. Clark.
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. Appeal from Pottawattamie Circuit Court. On the 15th day of June, 1876, the plaintiff’s commenced their action to recover of D. J. Nichols five hundred and eighty-one dollars, for merchandise before that time sold by them to said Nichols. The petition contained the necessary allegations for a writ of attachment. The writ was issued, and on the same day a notice of garnishment was served on S. W. Clark. On .the 22d day of August, 1876, the answer of Clark, the garnishee, was taken, from which it appeared that in May, 1876, Nichols made a contract to erect for Clark a certain building and…
1Opinion of the CourtRothrook, J.
l PBAci-icE preme court: party. I. Appellants insist that the court erred in refusing to render a judgment against defendant, Nichols, ^01’ ^ie several amounts due them on account of labor and materials furnished. No notice 0f appeaj fias been served on Nichols, and the question as to the indebtedness from him to the appellants is therefore not presented in the record before us. An issue was made in the court below by Nichols, denying the claims of appellants. The abstract recites that the intervenors proved and established their liens and that the same were *293unpaid; but the court dismissed…
2Cited by3 opinions
- Reese Howell Co. v. BrownUtah Supreme Court · 1916
- Baxter, Reed & Co. v. C. W. Rollins & Co.Supreme Court of Iowa · 1900
- Chase v. ChristensonSupreme Court of Iowa · 1894