Legal Opinion

Fountain Bros. v. Smith

Supreme Court of Iowa

Decided December 11, 1886PublishedCited by 3 opinions

Appeal from Harrison Oirouit Gourt. The plaintiffs are creditors of one Harmon. As sucb they garnished the defendant Smith. He answered, denying that lie was indebted to Harmon, and a trial was had to a jury, which rendered a general verdict for the defendant garnishee.

Read the full summary

Appeal from Harrison Oirouit Gourt. The plaintiffs are creditors of one Harmon. As sucb they garnished the defendant Smith. He answered, denying that lie was indebted to Harmon, and a trial was had to a jury, which rendered a general verdict for the defendant garnishee. It however, rendered a special verdict, also, and the plaintiff moved for judgment against the garnishee on the special Amrdict, notwithstanding the general verdict in the garnishee’s favor, and the motion was sustained. The garnishee appeals.

1Opinion of the Court

Adams, Ch. J.

It appears from the special findings of the jury that Smith was indebted to the garnishee in the sum x. chattoo garuShment liaMUty®8®66' of $305.06; that Smith gave him a chattel mortgage to secure the same on property of the value of $394.60; that the garnishee had taken the actual possession of a part of the property, which was of the value of $120, and the balance remained in the hands of his debtor, Harmon, the mortgagor. The court rendered judgment against the garnishee for $80.50, which we assume appeared to be the difference between the debt, with interest, due from…

2Cases cited2 opinions

  1. Torbert v. HaydenSupreme Court of Iowa · 1861
  2. Hawthorn v. UnthankSupreme Court of Iowa · 1879

3Cited by3 opinions

  1. Berg v. Rapid Motor Vehicle Co.Supreme Court of New Jersey · 1910
  2. Farmers Trust & Savings Bank v. BannworthSouth Dakota Supreme Court · 1939
  3. Bragunier v. Beck & Corbett Iron Co.Supreme Court of Kansas · 1889

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API