Langworthy & Bro. v. Root
Supreme Court of Iowa
Appeal from Dubuque District Court Deeendant was sued in Dubuque county, when his residence was in Des,-Moines county. An attachment was prayed for and issued upon the alleged ground that he “ had absconded so that the ordinary process could not be served upon him.” Upon this writ certain persons were summoned as garnishees, and beyond this no property was attached. Whether the persons garnisheed had property of his in their hands or were indebted to him, does not appear.
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Appeal from Dubuque District Court Deeendant was sued in Dubuque county, when his residence was in Des,-Moines county. An attachment was prayed for and issued upon the alleged ground that he “ had absconded so that the ordinary process could not be served upon him.” Upon this writ certain persons were summoned as garnishees, and beyond this no property was attached. Whether the persons garnisheed had property of his in their hands or were indebted to him, does not appear. Defendant appeared and moved to change the venue to Des Moines county. This motion was sustained, and from this order…
1Opinion of the CourtWright, C. J.
The only question made is whether in the ■ of a resident defendant, the attaching of property in a county other than that where he resides, gives the District Court of that county jurisdiction to hear and determine the case, if he shall appear and demand a change of venue.
*261Appellant relies upon section 1703 of the Code, which as far as material is as follows: In cases of attachment of property, when the defendant is not served, suit may be brought in any county wherein any property may be found. At first view, the appellants’ position would seem to be correct. When we regard all the language…
2Cited by1 opinion
- Sketchley v. Smith & Co.Supreme Court of Iowa · 1889