Church v. Simpson
Supreme Court of Iowa
Appeal from Scott District Court. Action in attachment against -Simpson, wherein garnishee process was issued against Allen, his debtor, and served October 19, 1867. Judgment against the debtor and garnishee November 19, 1867. The garnishee appeals. ■ (No brief found on reporter’s file.) I. The agreement to satisfy the judgment was a fraud upon the court.. II. The statute, chapter 131, provides the mode of making up an agreed case. III.
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Appeal from Scott District Court. Action in attachment against -Simpson, wherein garnishee process was issued against Allen, his debtor, and served October 19, 1867. Judgment against the debtor and garnishee November 19, 1867. The garnishee appeals. ■ (No brief found on reporter’s file.) I. The agreement to satisfy the judgment was a fraud upon the court.. II. The statute, chapter 131, provides the mode of making up an agreed case. III. The agreement is void for want of consideration as against creditors; the garnishee admitting in his answer, page 8, that Simpson had paid him money for…
1Opinion of the CourtBeck, J.
To the usual interrogatories, the garnishee, upon appearance, answering, denies all indebtedness to the defendant in attachment.
He is then especially interrogated as to his indebtedness upon a certain judgment against him and in favor of defendant in attachment, rendered in the Clinton District Court. He replies substantially that certain attorneys for defendant in attachment, desired to test the question by a suit in the courts, “ whether a party who had paid money for liquor could recover it backthat the defendant in attachment had paid the garnishee money for liquor furnished him; that an…
2Cited by7 opinions
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- Mason v. BeebeeU.S. Circuit Court for the Southern District of Iowa · 1890
- Bolton v. BaileySupreme Court of Iowa · 1904
- In Re the Marriage of FarrSupreme Court of Iowa · 1996
- Bump v. AugustineSupreme Court of Iowa · 1913
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