Wales v. City of Muscatine
Supreme Court of Iowa
Appeal from the Muscatine District Court. The plaintiffs issued execution on a judgment in the Muscatine District Court in their favor, against Joseph Bennett, for $2,848.40; and the sheriff notified and summoned as garnishees, John A- Parvin, mayor, and D. P. Johnson, recorder, of the city of Muscatine.
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Appeal from the Muscatine District Court. The plaintiffs issued execution on a judgment in the Muscatine District Court in their favor, against Joseph Bennett, for $2,848.40; and the sheriff notified and summoned as garnishees, John A- Parvin, mayor, and D. P. Johnson, recorder, of the city of Muscatine. At the ensuing term of the District Court, the persons summoned as garnishees, appeared and answered the interrogatories propounded to them; and from their answers it appeared, that the city of Muscatine was indebted to the defendant, Bennett, in the sum of five hundred and forty-seven…
1Opinion of the CourtStockton, J.
When the case came up for decision in the District Court, on the answer of the garnishees, the defendant, Bennett, appeared by his attorney, and objected to any judgment against the city; and the District Court decided, as appears by the bill of exceptions, “that a municipal corporation could not be held as garnishee, and that no judgment could be rendered against the city in this cause.” It is the defendant, Bennett, who interposes the objection that the city cannot be held as garnishee. The city of Muscatine is not understood as making any opposition, to whatever judgment the court might…
2Cases cited5 opinions
- Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852
- Hawthorn v. City of St. LouisSupreme Court of Missouri · 1847
- Cook v. WalthallSupreme Court of Alabama · 1852
- President of the Union Turnpike Road v. JenkinsMassachusetts Supreme Judicial Court · 1806
- Neuer v. O'FallonSupreme Court of Missouri · 1853
3Cited by15 opinions
- Brown v. GatesWest Virginia Supreme Court · 1879
- Paxton & Hershey Irrigating Canal & Land Co. v. Farmers & Merchants Irrigation & Land Co.Nebraska Supreme Court · 1895
- McMahon v. Mayor of SavannahSupreme Court of Georgia · 1880
- Southern Express Co. v. StateCourt of Appeals of Georgia · 1907
- Duval County v. Charleston Lumber & Manufacturing Co.Supreme Court of Florida · 1903
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