Legal Opinion

Van Winkle v. Iowa Iron & Steel Fence Co.

Supreme Court of Iowa

Decided June 11, 1881PublishedCited by 3 opinions

Appeal from C'edar Rapids Superior Court. On the 2d day of May, 1880, the plaintiff recovered judgment against the Iowa Iron and Steel Fence Company in the sum of $183.77. On the 8th day of May, Gilmore & Clark were served with notice of garnishment, and were cited to ap,pear on the second day of the following June Term. A commissioner was appointed by the court to take the answers of ■the garnishees.

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Appeal from C'edar Rapids Superior Court. On the 2d day of May, 1880, the plaintiff recovered judgment against the Iowa Iron and Steel Fence Company in the sum of $183.77. On the 8th day of May, Gilmore & Clark were served with notice of garnishment, and were cited to ap,pear on the second day of the following June Term. A commissioner was appointed by the court to take the answers of ■the garnishees. On the 6th day of July, 1830, the commis•sioner filed in court the answers of the garnishees. The ^plaintiff thereupon filed a motion for judgment on the answers of the garnishees. The hearing…

1Opinion of the CourtDay, J.

a. practice premecourt: correctness of abstract. rl. The appellee in argument urges that the transcript of the record shows that no exceptions were taken to the action of the court in sustaining appellee’s motion for judgment upon the answers of gar- ** x o nishees, at the time such action was had, and that no exception was taken until the bill of exceptions was filed, more than three days after the judgment was entered. The abstract sets out what purports to be a correct copy of the judgment entry. In this entry, immediately after the rendition of judgment, is the following statement: “to…

2Cited by3 opinions

  1. McGillivary Bros. v. CaseSupreme Court of Iowa · 1898
  2. State National Bank v. Wheeler-Motter Mercantile Co.Supreme Court of Arkansas · 1912
  3. Buck Reiner Co. v. Chase & WordenSupreme Court of Iowa · 1892

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