Theodore Hamm Brewing Co. v. Flagstad
Supreme Court of Iowa
Appeal from -Woodbury District Court. — George Jepson, Judge. The plaintiff is an attachment creditor of the defendant Flagstad. It served its attachment by ¡garnishment of Steele-Siman Company, a supposed debtor of Flagstad’s. The Farmers & Merchants National Bank of Webster intervened in the garnishment proceeding, claiming to be the owner of the funds in the hands of the garnishee. Judgment went by default against the attachment debtor.
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Appeal from -Woodbury District Court. — George Jepson, Judge. The plaintiff is an attachment creditor of the defendant Flagstad. It served its attachment by ¡garnishment of Steele-Siman Company, a supposed debtor of Flagstad’s. The Farmers & Merchants National Bank of Webster intervened in the garnishment proceeding, claiming to be the owner of the funds in the hands of the garnishee. Judgment went by default against the attachment debtor. The issues were tried as between the intervener and the attaching creditor. The trial court dismissed the petition of intervention, and the intervener has…
1Opinion of the CourtEvans, J.
The garnishee is' a live stock commission agent, engaged in business at the stockyards of Sioux City. The funds in its hands are the proceeds of a shipment of stock consigned to it for sale for Flagstad. Flagstad is a farmer, and a resident of South Dakota. The intervener is a bank, -engaged in business at Webster, in the same state. The record discloses no dispute in the evidence upon any material fact. Flagstad is a man of no means. The fair inference from the evidence is that he is insolvent. Some time prior to October 23, 1916, the plaintiff had obtained a judgment against him in South…
2Cases cited11 opinions
- Hoyt v. ClemansSupreme Court of Iowa · 1914
- School Trustees v. KirwinIllinois Supreme Court · 1860
- Wells v. WilcoxSupreme Court of Iowa · 1886
- Kling v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Barnes v. Thuet Bros.Supreme Court of Iowa · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Cable v. Iowa State Savings BankSupreme Court of Iowa · 1922
- Walters v. WaltersSupreme Court of Iowa · 1942
- Silver v. Wickfield Farms, Inc.Supreme Court of Iowa · 1929
- In Re Estate of WillenbrockSupreme Court of Iowa · 1940
- Schwanz v. Farmers Co-Operative Co.Supreme Court of Iowa · 1927
15 more not listed; retrieve them via the Exa API.