Schier v. Dankwardt
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. The plaintiff seeks, by this action, to charge the garnishee, E. T. Dankwardt, with being indebted to, or having property in his hands belonging to, one Jacob Wertz. Dankwardt, the garnishee, answered, denying that he was in any manner indebted to Wertz, or that he had any property of Wertz’s under his control. Issue was taken by the plaintiff upon the answer of the garnishee.
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Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. The plaintiff seeks, by this action, to charge the garnishee, E. T. Dankwardt, with being indebted to, or having property in his hands belonging to, one Jacob Wertz. Dankwardt, the garnishee, answered, denying that he was in any manner indebted to Wertz, or that he had any property of Wertz’s under his control. Issue was taken by the plaintiff upon the answer of the garnishee. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtRothrock, J.
It appears,’from the record presented on this appeal, that the plaintiff was the owner of a judgment against J acob C. Wertz. On the fourth day of January, 1890, he caused the defendant, Dankwardt, *751to be garnished on execution as a supposed debtor of Wertz. At that time, Dankwardt held a chattel mortgage on all of the personal property of Wertz to secure the payment of a promissory note for one thousand, three hundred and twenty dollars, and had taken possession thereof, and advertised the same for sale on the seventh day of January, 1890. The mortgaged property consisted of a threshing…
2Cases cited1 opinion
- Spencer & Co. v. MoranSupreme Court of Iowa · 1890
3Cited by1 opinion
- Radetsky v. Gramm-Bernstein Motor Truck Co.Court of Appeals for the Eighth Circuit · 1925