R. L. McDonald & Co. v. Finney
Supreme Court of Iowa
Appeal from Superior Court of Council Bluffs. — Hon. J. E. F. McG-ee, Judge. The plaintiff commenced an action against the defendant, Finney, and sued out an attachment. The Union Pacific Railway Company was garnished as a supposed debtor to Finney. The garnishee was adjudged to be in default for failure to answer. A motion was made to set aside the default. The motion was overruled and the railway company appeals.—
1Opinion of the CourtRothrock, J.
— The sole question discussed in the arguments of counsel is, whether the superior court abused its discretion in overruling the motion to set aside the default. The facts upon which the garnishee was found to be in default are as follows: The action was commenced on the sixth day of January, 1891, and the writ of attachment was issued, and the railway company garnished, on the same day. The garnishee was required to appear and answer on the first day of the next term. Another garnishment was served on the railway company on the thirtieth day of January, 1891. This last garnishment also…
2Cases cited1 opinion
- Scamahorn v. ScottSupreme Court of Iowa · 1876
3Cited by2 opinions
- Bump v. AugustineSupreme Court of Iowa · 1913
- Iowa Stock Remedy Co. v. BrodersonSupreme Court of Iowa · 1925