McCormick Harvesting Machine Co. v. Pouder
Supreme Court of Iowa
Appeal from, Potlawatamie District Court. — I-Ion. O. D. Wheeler, Judge. The plaintiff, holding two judgments against the defendant, William Pouder, caused execution to issue on its judgments and notice of garnishment to be served on the garnishee, H. Mendel, who had in his .possession the proceeds of an auction sale of personal property, consisting of live stock and farm produce and implements, which plaintiff' claimed was the property of said defendants.
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Appeal from, Potlawatamie District Court. — I-Ion. O. D. Wheeler, Judge. The plaintiff, holding two judgments against the defendant, William Pouder, caused execution to issue on its judgments and notice of garnishment to be served on the garnishee, H. Mendel, who had in his .possession the proceeds of an auction sale of personal property, consisting of live stock and farm produce and implements, which plaintiff' claimed was the property of said defendants. Pouder & Pouder, an alleged partnership composed of the wife and son of the defendant, intervened, claiming to have been the owners of the…
1Opinion of the CourtMcClain, J.
In August, 1896, one Matson executed to defendant William Pouder and his son Harry Pouder, a *19lease of a farm for five years. The defendant and his son were not named in this lease as partners, but were referred to therein as parties of the second part, and signed the same individually. _ Defendant and his wife and the son took possession of the premises about March 1, 1897, and not long afterwards some question was raised between defendant and Matson as to whether defendant, had outstanding debts which might be enforced against such personal property as had been, taken upon the premises.…
2Cases cited4 opinions
- Russell v. LongSupreme Court of Iowa · 1879
- Carse v. RetickerSupreme Court of Iowa · 1895
- Deere v. Bonne & WestSupreme Court of Iowa · 1899
- Henry W. King & Co. v. WellsSupreme Court of Iowa · 1898
3Cited by5 opinions
- Livesley v. HeiseOregon Supreme Court · 1906
- Shircliffe v. CasebeerSupreme Court of Iowa · 1904
- Foreman v. Citizens State BankSupreme Court of Iowa · 1905
- Green v. ForneySupreme Court of Iowa · 1907
- Imholt v. A. McCoySupreme Court of Iowa · 1926