Fairfield v. McNany
Supreme Court of Iowa
Appeal from, Cerro Gordo District Court. Thursday, September 18. The appellee and defendant herein was garnished as the supposed debtor to one P. O. Turner. Upon the answer of the garnishee and other evidence, the court found, upon the trial, the following facts: Defendant McNany as part payment for a piece of land, made a note for $137.50 to P. C. Turner dated April 28, 1857, and payable six months after date.
Read the full summary
Appeal from, Cerro Gordo District Court. Thursday, September 18. The appellee and defendant herein was garnished as the supposed debtor to one P. O. Turner. Upon the answer of the garnishee and other evidence, the court found, upon the trial, the following facts: Defendant McNany as part payment for a piece of land, made a note for $137.50 to P. C. Turner dated April 28, 1857, and payable six months after date. On the same day another note was given for said land and a turn made of about $100, with one Greene. Turner on tbe same day made to defendant a bond for a deed of said land. The bond…
1Opinion of the CourtCole, J.
I. The finding of facts by the court is fully sustained by the evidence. It was not error on the trial of the issue made upon the answer of the garnishee, to admit such answer in evidence, for our statute says (Rev., § 8208), “ upon such trial the answer of the garnishee is competent testimony.”
II. The judgment by default against the defendant McNany, on the note given in part payment for the land, is no bar to an action by him against Turner xrpon the bond for title for a breach thereof. Our statute provides (Rev., § 2621) : “Judgment obtained in an action by ordinary proceedings shall not…
2Cases cited5 opinions
- Barker v. ClevelandMichigan Supreme Court · 1869
- Van Orman v. Spafford, Clarke & Co.Supreme Court of Iowa · 1864
- Clark v. Sammons & Van PeltSupreme Court of Iowa · 1861
- Nichols v. TremlettDistrict Court, D. Massachusetts · 1857
- Sexton v. MurdockSupreme Court of Iowa · 1873
3Cited by6 opinions
- Secor v. SiverSupreme Court of Iowa · 1914
- Jones v. J. C. Witousek & Co.Supreme Court of Iowa · 1901
- Lemon v. Sigourney Savings BankSupreme Court of Iowa · 1906
- Thomas v. McDonaldSupreme Court of Iowa · 1897
- Price v. MacomberSupreme Court of Iowa · 1914
1 more not listed; retrieve them via the Exa API.