Manny & Co. v. Adams
Supreme Court of Iowa
Appeal from, Keokuk, Cvreuit Count. Plaintiffs brought an action in attachment, before a justice of the peace, against defendant, W. II. Adams, and thereupon attached J. M. Brunt, clerk of the district court, as garnishee, who answered that he held $138.30, paid to him as clerk on a judgment in favor of W. H. and D. H. Adams. Judgment was rendered in the action against W. H. Adams.
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Appeal from, Keokuk, Cvreuit Count. Plaintiffs brought an action in attachment, before a justice of the peace, against defendant, W. II. Adams, and thereupon attached J. M. Brunt, clerk of the district court, as garnishee, who answered that he held $138.30, paid to him as clerk on a judgment in favor of W. H. and D. H. Adams. Judgment was rendered in the action against W. H. Adams. At the hearing upon the answer of the garnisheé, D. H. Adams intervened, claiming that W. H. Adams held no interest in the money in the hands of the clerk; that his name appeared in the action and judgment whereon…
1Opinion of the CourtBeck, J.
The circuit court found the facts of the case to be substantially as follows: The note upon which the judgment was rendered, whereon the money was paid to the clerk which the garnishee process aimed to reach, was, at the time of its execution, the joint property of defendant and the intervenor herein. Before the action was commenced, defendant, for a valuable consideration, sold his interest in the note to the intervenor, who thereby became the absolute owner. The intervenor placed the note in the hands of an attorney for collection, who, through mistake or want of knowledge of the real…
2Cited by2 opinions
- Howe & Co. v. JonesSupreme Court of Iowa · 1881
- Rea v. WilsonSupreme Court of Iowa · 1900