Phillips v. Germon
Supreme Court of Iowa
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
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- Union County Investment Co. v. MessixSupreme Court of Iowa · 1911
- State v. HarrisonSupreme Court of Iowa · 1913
- First Nat. Bank of Drumright v. KnightSupreme Court of Oklahoma · 1927
- Klotz v. JamesSupreme Court of Iowa · 1895
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