Bower Bros. v. Hansen
Supreme Court of Iowa
Appeal from Mills District Court.— Hon. A. B. Thornneix, Judge. In an action brought by plaintiff against defendant, Hansen, J. E. Peterson was garnisheed as a supposed debtor of defendant, and notified to appear at the next term of the district court in Mills county, to be begun and held April 14, 1903, and to answer such questions as should then and there be propounded to him.
Read the full summary
Appeal from Mills District Court.— Hon. A. B. Thornneix, Judge. In an action brought by plaintiff against defendant, Hansen, J. E. Peterson was garnisheed as a supposed debtor of defendant, and notified to appear at the next term of the district court in Mills county, to be begun and held April 14, 1903, and to answer such questions as should then and there be propounded to him. Court convened in that county April 14th, and the official reporter was on that day, appointed a commissioner to take the answer of all garnishees ordered to appear at that term. The garnishee went to the county seat…
1Opinion of the CourtDeemer, J.
The notice served upon the garnishee was defective, in that it did not require him to appear on the first day of the next term of court, and did not state that, if he failed to appear and answer, he would be liable to pay the judgment which plaintiff might obtain. Code, sec. 3935. Padden v. Moore, 58 Iowa, 703.
Moreover, according to all the evidence, the. garnishee was excused from entering an appearance and answering on the first day of the term; and, as the trial court had ap*150pointed a commissioner to take answers of all garnishees cited to appear at the term, the garnishee, after being…
2Cases cited3 opinions
- Padden v. MooreSupreme Court of Iowa · 1882
- Evans v. MohnSupreme Court of Iowa · 1880
- Thomas v. HoffmanSupreme Court of Iowa · 1883
3Cited by1 opinion
- Union County Investment Co. v. MessixSupreme Court of Iowa · 1911