Evans v. Mohn
Supreme Court of Iowa
Appeal from Pottawattamie District Court. A default and judgment was rendered against the defendant as garnishee, because he failed to appear when notified to do so, and answer touching his indebtedness to one Rosenaw, and the same having been set aside the plaintiff appeals.
1Opinion of the CourtServers, J.
1. PRACTICE : setting aside nisiiee. The defendant was served with notice in February to appear on the 17th of May following, and answer as garnishee touching his indebtedness to the sup- ° ° posed debtor. He failed to do so, and a default and judgment was rendered against him. Thereupon he was notified to appear and show cause why execution should not issue. In response thereto, the defendant at the same term, and on the tenth day after the default was entered, filed an affidavit showing an excuse for his failure to appear, and also stated under oath he was in no manner indebted to the…
2Cases cited2 opinions
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1877
- Parmenter v. ChildsSupreme Court of Iowa · 1861
3Cited by6 opinions
- Gutierrez v. RomeroArizona Supreme Court · 1922
- First State Bank v. KrenelkaNorth Dakota Supreme Court · 1912
- McConnell v. MarguliesSouth Dakota Supreme Court · 1917
- Burt v. GageSouth Dakota Supreme Court · 1926
- Bower Bros. v. HansenSupreme Court of Iowa · 1905
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