Supreme Court of Iowa, 1879

Penn v. Pelan

Supreme Court of Iowa · Decided December 8, 1879 · Adams

52 Iowa 535; 3 N.W. 540

Cases that cite this one

2 later published cases cite this decision.

Lingenfelter v. Iowa Telephone Co. (Iowa 1906)
Singer Piano Co. v. Barnard, Walker & Co. (Iowa 1900)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Adams, J.

i. gabnishTOerTmustbe made m pei- — It is the right of the garnishing creditor to personally examine the garnishee. Whether, upon a proper notice and showing, he may cause his answer to be taken before a person authorized to take depositions we nee(j not determine, as such question does not arise. The garnishee’s answer, we think, was properly stricken *537from the files. If when that was done the garnishee had appeared and offered to submit to an examination, although not upon the first day of the term, it would have been improper-to render judgment against him as for default. But no such appearance appears to have been made at any time. The-plaintiff, therefore, was entitled to judgment. Code, section 2979.

Aeeirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.