Simmons v. Beeson

H. C. Beeson was under indictment, and his bail was fixed at $2,500. A certificate of deposit for that amount, payable to E. A. Johnson, was deposited with the clerk of the district court, in lieu of bail. The indictment was later dismissed, and the bail released.

The plaintiff and appellant, the trustee in bankruptcy for the Iowa Bankers Mortgage Company, brought suit against Beeson, aided by attachment, and sought to reach and hold the certificate of deposit as the property of Beeson, by garnishment of the clerk. The answer of the clerk, as garnishee, was controverted by the plaintiff. Upon…