Legal Opinion

Phillips v. Germon

Supreme Court of Iowa

Decided April 20, 1876PublishedCited by 11 opinions

Appeal from Jackson Circuit Court. The plaintiff instituted an action by attachment against defendant, Germon, and garnished the Chicago & N. W. E. Co., a judgment debtor of defendant.

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Appeal from Jackson Circuit Court. The plaintiff instituted an action by attachment against defendant, Germon, and garnished the Chicago & N. W. E. Co., a judgment debtor of defendant. A judgment was entered against the defendant, and, at a subsequent term, a judgment was had against the garnishee, the intervenor having prior thereto filed a petition claiming that the judgment against the Chicago & N. W. E. Co., in favor of defendant, had been assigned to him, and upon it he holds a lien for services as an attorney and for advances in the payment of costs. A demurrer to his petition was…

1Opinion of the CourtBeck, J.

1 ment; notice, I. The intervenor claims in his petition that the garnishment of the C. & N. W. R. Co. is invalid because the defendant in the attachment action had no notice of the process. No notice was necessary. Code, § 2975. The provision of the Code cited by appellant applies to the case of attachment of property. § 2967, ¶ 1.

2 _._. • II. The garnishment process was served before the notice in the action. This, it is claimed, rendered the garnishment proceeding invalid. This cannot be admitted; there is no statute so providing, and for us to so rule would, in a great measure, destroy…

2Cited by11 opinions

  1. Endicott Johnson Corp. v. Encyclopedia Press, Inc.Supreme Court of the United States · 1924
  2. Union County Investment Co. v. MessixSupreme Court of Iowa · 1911
  3. State v. HarrisonSupreme Court of Iowa · 1913
  4. First Nat. Bank of Drumright v. KnightSupreme Court of Oklahoma · 1927
  5. Klotz v. JamesSupreme Court of Iowa · 1895

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