Legal Opinion

Des Moines Savings Bank v. Colfax Hotel Co.

Supreme Court of Iowa

Decided May 12, 1893PublishedCited by 5 opinions

Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. The issue tried in this case in the court below was whether the garnishee, Clark, was indebted to the defendant, the Colfax Hotel Company. There was a trial by jury, and a verdict that Clark was so indebted in the sum of one thousand, three hundred and sixty-five dollars and five cents, and interest. From a judgment on the verdict, Clark, the garnishee, appeals.—

1Opinion of the CourtRothrock, J.

*6i. garnfshment: t: garmsiiee. *5I. The case has once before been in this court upon an appeal by the plaintiff. See 79 *6Iowa) 497. On the first trial it was held fry the district court that no action could majnt.ained foy the appellee, because the judgment upon which the garnishment process .was based was satisfied. It was held by this court that the judgment was not satisfied, and that -“the plaintiff was entitled to a finding as to the indebtedness of the garnishee, * * . *” and the cause was remanded to the district court for such a finding. It is unnecessary to set out the facts upon which…

2Cases cited2 opinions

  1. Blair Town Lot & Land Co. v. WalkerSupreme Court of Iowa · 1879
  2. Colfax Hotel Co. v. LyonSupreme Court of Iowa · 1886

3Cited by5 opinions

  1. Doherty v. EdwardsSupreme Court of Iowa · 1940
  2. Calkins v. Seabury-Calkins Consol. Min. Co.South Dakota Supreme Court · 1894
  3. Equitable Life Assurance Society of the United States v. GoodeSupreme Court of Iowa · 1897
  4. Binger v. WildmanCourt of Appeals for the D.C. Circuit · 1934
  5. Cathcart v. RogersSupreme Court of Iowa · 1901

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