Ransom v. Stanberry
Supreme Court of Iowa
Appeal from Oerro Gordo District Court. The plaintiff obtained judgment against Martin Bumgardner, and under execution thereon caused the defendant, W. C. Stanberry, to be garnished. The garnishee made answer, upon which plaintiffs took issue. The cause was tried to the court, and judgment rendered for plaintiffs. The garnishee appeals. The farther facts are stated in the opinion.
1Opinion of the CourtCole, J.
1. Estoppe: must be specially pleaded. The defendant, when summoned as garnishee, made his answer. He stated in substance that he gave to the judgment debtor two promissory notes , ° ~ amounting to six hundred and twenty-live dollars, which notes were still outstanding and were now in the hands of plaintiff’s attorneys ; that said notes were payable in "Winnebago county orders, and were given with others which have been since paid, in consideration for the sale of a court-house and contracts for the building thereof, made by the judgment debtor with the county judge of said county, and also…
2Cases cited1 opinion
- Stadler, Bros. & Co. v. Parmlee & WattsSupreme Court of Iowa · 1862
3Cited by9 opinions
- De Votie v. McGerrSupreme Court of Colorado · 1890
- Dean v. CrallMichigan Supreme Court · 1894
- Ind. Dist. v. Merchants' Nat. BankSupreme Court of Iowa · 1886
- H. E. Spencer Co. v. PapachSupreme Court of Iowa · 1897
- Folsom & Co. v. Star Union Line Fast Freight LineSupreme Court of Iowa · 1880
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