Clapp v. Walker
Supreme Court of Iowa
Appeal from Jefferson District Court. Garnishment of municipal corporations, etc. — Plaintiff, a creditor of Walker & Davis, commenced suit against them by attachment, and garnished the school district of the city of Fairfield as a debtor of the defendants. In due time plaintiff obtained judgment in his action against Walker & Davis, respecting which no question is made.
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Appeal from Jefferson District Court. Garnishment of municipal corporations, etc. — Plaintiff, a creditor of Walker & Davis, commenced suit against them by attachment, and garnished the school district of the city of Fairfield as a debtor of the defendants. In due time plaintiff obtained judgment in his action against Walker & Davis, respecting which no question is made. Afterward, and in the manner stated in the opinion, he obtained judgment against the school district as garnishee, from which it appeals. The errors assigned relate to the instructions.
1Opinion of the Court
Dillon, Ch. J.
1. Garnish-municipal cor-waiver. The statute provides that “a municipal or political corporation shall not be garnished.” Rev. § 3196. Before this statute it was held that such corporations owing debts might, with respect to such debts, be garnished. Wales v. Muscatine, 4 Iowa, 302.
The statute gives to such corporation the privilege of an exemption from this process. This is a privilege which they may insist upon or waive, as they deem most to their interest.
Corporations, like individuals, may waive provisions, whether by contract or by statute, intended to be for their benefit.…
2Cases cited1 opinion
- Wales v. City of MuscatineSupreme Court of Iowa · 1856
3Cited by4 opinions
- Switzer v. City of WellingtonSupreme Court of Kansas · 1888
- Tone Bros. v. ShanklandSupreme Court of Iowa · 1900
- Baird v. RogersTennessee Supreme Court · 1895
- Jenks v. Osceola TownshipSupreme Court of Iowa · 1877