Taylor & Farley Organ Co. v. Plumb
Supreme Court of Iowa
Appeal fiiorn Sioux Circuit Court. In June, 1877, the defendant, Plumb, commenced an action by attachment against the plaintiff before a justice of the peace, to recover $87. Th’e ground of the attachment was that the plaintiff herein was a foreign corporation. There was no personal service made upon appellant, but service of the original notice was made by publication. The attachment was served by the garnishment of a third party, who was indebted to appellant.
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Appeal fiiorn Sioux Circuit Court. In June, 1877, the defendant, Plumb, commenced an action by attachment against the plaintiff before a justice of the peace, to recover $87. Th’e ground of the attachment was that the plaintiff herein was a foreign corporation. There was no personal service made upon appellant, but service of the original notice was made by publication. The attachment was served by the garnishment of a third party, who was indebted to appellant. The garnishee answered, and under the order of the justice paid his indetedness into the j ustice’s court. Appellant, having no…
1Opinion of the CourtRothrock, J.
1theUpeace-0l renffre^triai. We do not understand that counsel for appellant claimed that there was any defect of jurisdiction in the justice of the peace in entertaining the action upon service by publication and in subjecting the money attached to the payment of the judgment. The only question which appears to us necessary to be considered is, did. *35the justice of the peace have jurisdiction to grant a re-trial, and order the repayment of the money to the appellant? A determination of this question involves an examination of several sections of the statute, which we will proceed to do.…
2Cases cited1 opinion
- Johnson v. DodgeSupreme Court of Iowa · 1865