F. W. Greaves & Co. v. Posner
Supreme Court of Iowa
Appeal from Polk District Gourt, — Hon. C. P. Holmes, Judge. Action begun November 19, 1897, to recover the sum of nine hundred and seventy-four dollars and fifty-eight cents due on note and account, aided by attachment.
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Appeal from Polk District Gourt, — Hon. C. P. Holmes, Judge. Action begun November 19, 1897, to recover the sum of nine hundred and seventy-four dollars and fifty-eight cents due on note and account, aided by attachment. Service of notice of the garnishment on the Covenant Mutual Life Association of Galesburg, 111., was accepted by the auditor of state, November 23, 1897. The defendant’s an-SAver put plaintiffs to their proof, and in a counterclaim damages were sought for the wrongful suing out of a writ of attachment. September 22, 1898, the defendant moved to quash the garnishment…
1Opinion of the CourtLadd, J.
1 The defendant’s right to ask for the discharge of a garnishment can no longer be tested by the earlier decisions of this court. See Wales v. City of Muscatine, 4 Iowa, 302; Pomroy v. Parmlee, 9 Iowa, 140; Hastings v. Phoenix, 59 Iowa, 394. Section 3948 of the Code expressly authorized her “by suitable pleadings to set up facts shoAving the debt or property with Avhieh it is sought to charge the garnishee is exempt from execution, or for any other reason is not liable for plaintiff’s claim.” The other reasons here asserted are (1) that the garnishee has never been served with notice, and (2)…
2Cases cited3 opinions
- Pomroy & Co. v. ParmleeSupreme Court of Iowa · 1859
- Wales v. City of MuscatineSupreme Court of Iowa · 1856
- Hastings v. PhoenixSupreme Court of Iowa · 1882
3Cited by4 opinions
- New Hampshire Fire Insurance v. UtterbackSupreme Court of Iowa · 1918
- Midland National Bank v. DouglasSupreme Court of Iowa · 1925
- Stowe v. BreenSupreme Court of Iowa · 1941
- Woodmen Accident Co. v. District CourtSupreme Court of Iowa · 1935