R L. McDonald & Co. v. Creager
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. A. Van "Wagenen, Judge. On tiie first day of August, 1893, the plaintiffs filed an application for an order to require the garnishee to account for moneys received.
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Appeal from Harrison District Court. — Hon. A. Van "Wagenen, Judge. On tiie first day of August, 1893, the plaintiffs filed an application for an order to require the garnishee to account for moneys received. Said application shows that on the twenty-sixth day of August, 1894, the plaintiffs recovered a judgment in this case against the defendant, Greager, for four hundred and thirty-one dollars and fifty-five cents and costs; that A. J. Crittenden was duly attached as garnishee, and that on the thirteenth, day of September, 1884, the issue joined upon his answer was submitted, by agreement,…
1Opinion of the CourtGiven, J.
*6621 *661I. Appellant, at the outset of-this argument, inquires, “What right or authority have the plaintiffs to maintain this action at all?” and then proceeds to cité authorities to show that a garnishee is not a trustee for the parties to the action, and *662Insists that this is an independent proceeding, against him personally, and not as garnishee. At the time of the prior hearing under the garnishment proceedings, it was not possible to then determine what amount appellant might realize from the securities in his hands, nor the amount that he might be required to payas expenses and in satisfaction…
2Cited by3 opinions
- Rankin v. SmithSupreme Court of Iowa · 1916
- Davis v. Bar T Cattle Co.Oregon Supreme Court · 1967
- Mills v. MillerSupreme Court of Iowa · 1899