Legal Opinion

Weire v. City of Davenport

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 16 opinions

Appeal from Scott District Court. Eor a tort to the realty, Cotes & Patchin, on the 21st of February, 1859, obtained a judgment against the city of Davenport, for some $500. The verdict was rendered and judgment entered on the same day.

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Appeal from Scott District Court. Eor a tort to the realty, Cotes & Patchin, on the 21st of February, 1859, obtained a judgment against the city of Davenport, for some $500. The verdict was rendered and judgment entered on the same day. Weire, the plaintiff in this proceeding, had previously obtained a judgment against Coates & Patchin, and on the day of the rendition of the judgment against the city, levied upon the same by garnishing the mayor, treasurer and clerk of said corporation. On the 19th of February, 1859, this instrument was executed by Cotes & Patchin and filed with the clerk on…

1Opinion of the Court

Wri&ht, J.

Notwithstanding the zealous, and we may add, able manner, in which counsel for appellant has insisted upon a reversal of this cause, we feel constrained to hold that the court below decided correctly in discharging the garnishee.

Briefly and in their order we will notice the grounds upon which he attacks the sufficiency of the assignment relied upon by Plummer, as affecting his right to the judgment against the city:

I. He maintains that there'is-nothing to show that the assignment was made before the service of the garnishee notice. To this it is well answered that the assignment is…

2Cases cited1 opinion

  1. Edmonds v. MontgomerySupreme Court of Iowa · 1855

3Cited by16 opinions

  1. Traer v. ClewsSupreme Court of the United States · 1885
  2. North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
  3. Broyles v. Iowa Department of Social ServicesSupreme Court of Iowa · 1981
  4. Vimont v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1886
  5. Industrial Trust Co. v. StidhamSuperior Court of Delaware · 1942

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