Thomas v. Hoffman
Supreme Court of Iowa
Appeals from Adams District Court. The cases are submitted together as involving the same questions of law. Sigler and' Thomas are creditors of one Parsons. Each, having a judgment against him obtained in the district court of Adams county, caused an execution to issue, and caused Hoffman to be garnished.
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Appeals from Adams District Court. The cases are submitted together as involving the same questions of law. Sigler and' Thomas are creditors of one Parsons. Each, having a judgment against him obtained in the district court of Adams county, caused an execution to issue, and caused Hoffman to be garnished. The garnishee answered to the officer serving the notice, showing no indebtedness, and in addition thereto appeared at the. next term of court, to-wit, the October term, 1882. The attorneys for the garnishing creditors did not see fit to examine -him in court, but caused a commissioner to be…
1Opinion of the CourtAdams, J.
Where a commissioner is appointed to take the answer of a garnishee, and the court does not fix the time and place for the answer to be taken, it is to be inferred that the intention of the court was that the commissioner should fix the time and place. This the commissioner may do by serving a notice on the garnishee of the time and place at which he is to answer. We know of no other way in which the time and place could properly be fixed by the commissioner. EEe could not do it by a mere mental determination, nor by making a record of the same in his office, or elsewhere. A record made at a…
2Cases cited1 opinion
- Scamahorn v. ScottSupreme Court of Iowa · 1876
3Cited by2 opinions
- Deere, Wells & Co. v. NelsonSupreme Court of Iowa · 1887
- Bower Bros. v. HansenSupreme Court of Iowa · 1905