Legal Opinion

Harrier v. Fassett

Supreme Court of Iowa

Decided June 11, 1881PublishedCited by 3 opinions

Appeal from the Superior Cowrt of Cedar Rapids. The plaintiff moved the court to render judgment against the garnishee, which was overruled, and judgment rendered for the defendants. The plaintiff appeals.

1Opinion of the CourtSeevers, J.

The amount in controversy being less than one hundred dollars, the trial judge has certified that it is desirable to have the opinion of the Supreme Court on the following question: “Where £A’ voluntarily sells a team of horses exempt from execution and recovers a judgment for the balance due on said sale against the vendee, ‘ B ’, is the judgment debtor £ B ’ liable as garnishee to a judgment creditor of £ A ’ % ”

*265At common law all the personal property of a debtor is liable to be seized on execution and appropriated to the payments of his debts. It is provided by statute a debtor may hold…

2Cases cited2 opinions

  1. Friedlander v. MahoneySupreme Court of Iowa · 1871
  2. Russell v. CashSupreme Court of Louisiana · 1831

3Cited by3 opinions

  1. International Harvester Credit Corp. v. RossSupreme Court of Kansas · 1975
  2. Kinzer v. StephensSupreme Court of Iowa · 1903
  3. In re Estate of BroganSupreme Court of Iowa · 1916

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