Seaton & Son v. Hamilton & Co.
Supreme Court of Iowa
Appeal from Boone District Court. The plaintiff obtained a judgment against defendant in the District Court of Decatur county, and caused a copy thereof to be filed in the office of the clerk of the District Court of Boone county.
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Appeal from Boone District Court. The plaintiff obtained a judgment against defendant in the District Court of Decatur county, and caused a copy thereof to be filed in the office of the clerk of the District Court of Boone county. Upon the transcript thus filed, an execution was issued, directed to tbe sheriff of Boone county, who, in pursuance of the commands of such writ, garnished certain persons as the debtors of defendant, and summoned them to appear at the next term of the District Court of Boone county to make answers as to their indebtedness to defendant. At the next term of said…
1Opinion of the CourtBaldwih, J.
We think the District Court erred in rendering judgment against the garnishees, without any notice being served upon defendant, and also in proceeding against the garnishees. The clerk of the District Court of Boone county had no authority to issue an execution upon the transcript thus filed. It does not appear that the transcript was docketed and indexed as provided by law, and wo think that the law does not confer any power upon such clerk to issue an execution. He has no such authority unless it is expressly given to him by some statutory enactment. The only provisions of the legislature…
2Cited by8 opinions
- Furman v. DewellSupreme Court of Iowa · 1872
- Murray v. BriggsWashington Supreme Court · 1902
- Wyoming Central Irr. Co. v. LaPorteWyoming Supreme Court · 1920
- Brunk v. Moulton BankSupreme Court of Iowa · 1903
- Garnett v. GoldmanSupreme Court of Oklahoma · 1913
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