Matter v. Phillips
Supreme Court of Iowa
Appeal from Polls District Court. In oiiancery. Ah injunction was allowed upon plaintiff’s-petition, and from this order defendants appeal. Tlie plaintiff' moved for a default against defendants; his motion was overruled, and from this decision he appeals.
1Opinion of the Court
Beck, Ch. J.
I. The petition alleges that plaintiff executed his promissory note to one Wilson, who delivered it to J. H. Phillips to be sued upon for the use and benefit of Wilson, and for that purpose indorsed the note to Phillips; that Phillips recovered judgment in his own name, but had no interest whatever in the action; that plaintiff was served with process of garnishment -as the debtor of Wilson, and answering, admitted his indebtedness, and paid the amount due, and that Phillips, well knowing the facts alleged, has caused an execution to be issued and levied upon the property of…
2Cited by3 opinions
- In Re the Marriage of FarrSupreme Court of Iowa · 1996
- Standard Furniture Co. v. Van AlstineWashington Supreme Court · 1903
- Rummel v. DealySupreme Court of Iowa · 1900