Meeker v. Sanders
Supreme Court of Iowa
Appeal from the Henry District Court. Meeker & Perkins commenced suit, by attachment, against John Bowman, and) garnished Sanders and Shaw, notifying them to appear at the next term of the district court and answer interrogatories. At the next (April), term, Bowman having failed to appear and answer, judgment by default was rendered against him, for the sum of $78127, and costs. The garnishees having, also, failed to appear and answer, a default was rendered against them.
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Appeal from the Henry District Court. Meeker & Perkins commenced suit, by attachment, against John Bowman, and) garnished Sanders and Shaw, notifying them to appear at the next term of the district court and answer interrogatories. At the next (April), term, Bowman having failed to appear and answer, judgment by default was rendered against him, for the sum of $78127, and costs. The garnishees having, also, failed to appear and answer, a default was rendered against them. At the next (August,) term of said court, the garnishees appeared, and moved to the court to set aside the default, and to…
1Opinion of the CourtStockton, J.
— It was not necessary for the garnishees to have the judgment by default against them set aside, in order to enable them to answer; for by mere failure to appear in answer to the garnishee summons, they were not liable to pay the amount of the plaintiff’s judgment against Bowman, until they had had opportunity to show cause against the issuing of an execution. Code, section 1870. The judgment having been opened, however, and the garnishees permitted to answer, showing the amount of money and property in their hands, and the manner in which it was held, the proceedings against Shaw, one of…
2Cases cited1 opinion
- Ashurst v. MartinSupreme Court of Alabama · 1839
3Cited by12 opinions
- Farwell v. CohenIllinois Supreme Court · 1891
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
- McPhail & Co. v. HyattSupreme Court of Iowa · 1870
- Price v. ParkerSupreme Court of Iowa · 1860
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
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