Smith, Twogood & Co. v. Clarke & Henley
Supreme Court of Iowa
Appeal from Linn. District Court. In a proceeding by attachment, at the suit of plaintiffs against Coopers & Clarke, these defendants were summoned as garnishees.
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Appeal from Linn. District Court. In a proceeding by attachment, at the suit of plaintiffs against Coopers & Clarke, these defendants were summoned as garnishees. To the interrogatories propounded, they answer substantially as follows: They deny any indebtedness, either in money or property — deny that at any time they had in their possession or under their control, any property, rights or credits of .the defendants, (Coopers & Clarke,) but proceed to state that they have in their hands for collection certain bills of exchange and notes, which were received from said defendants; that prior to…
1Opinion of the CourtWright, C. J.
In order to charge a garnishee, his liability must be shown affirmatively, either by his answer or evidence *245aliunde. If the case stands alone upon his answer, it should contain a clear admission of a debt due to, or the possession of attachable property of the defendant, in order to make him liable. Though this admission should not be explicit, yet if from the entire answer it dearly appears that he is liable, judgment should go against him. His liability is never to be- presumed. He occupies the same position as if the defendant had sued him, and unless enough is shown to render him liable,…
2Cases cited6 opinions
- Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
- Brooks v. HildrethSupreme Court of Alabama · 1853
- Grant v. ShawMassachusetts Supreme Judicial Court · 1820
- Bebb v. PrestonSupreme Court of Iowa · 1855
- Williams v. HouselSupreme Court of Iowa · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bellingham Bay Boom Co. v. BrisboisWashington Supreme Court · 1896
- Metcalf v. KincaidSupreme Court of Iowa · 1893
- Malone v. MooreSupreme Court of Iowa · 1927
- Farwell & Co. v. Howard & Co.Supreme Court of Iowa · 1868
- Cox v. RussellSupreme Court of Iowa · 1876
9 more not listed; retrieve them via the Exa API.