Miller & Co. v. Mason & Co.
Supreme Court of Iowa
Appeal from Shelby District Court. The appellants, wbio are residents of Polk county, were served with garnishee process in a cause pending in Shelby county. Their answer denying indebtedness to the defendant in the action was controverted in a reply, filed by plaintiff, and an issue thereon was thus joined, and the cause was docketed for trial.
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Appeal from Shelby District Court. The appellants, wbio are residents of Polk county, were served with garnishee process in a cause pending in Shelby county. Their answer denying indebtedness to the defendant in the action was controverted in a reply, filed by plaintiff, and an issue thereon was thus joined, and the cause was docketed for trial. Thereupon the garnishee moved to have the venue of the cause changed to Polk county, on the ground that they resided in that county. The motion was overruled, and from this decision the garnishees appeal.
1Opinion of the Court
Beck, Ch. J.
i. gakh-ish. uponVnswer: venue. — The only question in this case involves the •correctness of the court’s ruling in refusing to change the venue of this cause to the county of the garnishee’s residence. -Garnishment is a proceeding fo gu]3jec£ cxedits of a defendant to seizure upon attachment or execution. It is a part of the proceedings in attachment or execution. Code, § 2975. Proceedings in ■attachment are auxiliary to the main action, and are to be prosecuted as such. Code, § 2950. The purpose of the proceeding is to subject credits to the satisfaction of the judgment obtained…
2Cases cited1 opinion
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1876
3Cited by5 opinions
- State ex rel. Wyman, Partridge & Co. v. Superior CourtWashington Supreme Court · 1905
- Smith v. DicksonSupreme Court of Iowa · 1882
- Thorson v. WeimerNorth Dakota Supreme Court · 1930
- Title Guarantee & Trust Co. v. Northwestern Theatrical Ass'nWashington Supreme Court · 1900
- Iowa Stock Remedy Co. v. BrodersonSupreme Court of Iowa · 1925