Weaver v. Irons
Weaver v. Irons
Opinion of the Court
Irons was garnished at the suit of Weaver, who had brought assumpsit against Jackman, in justice’s court. Irons made a disclosure. A judgment was rendered in justice’s court in favor of the plaintiff for $69 damages and $10 costs in the principal action. The record shows that a judgment was rendered by the justice in the garnishment suit after a supplemental disclosure was filed, and the matter was brought to trial before the circuit court on appeal. The judge filed a written finding of facts and law, and rendered a judgment in favor of the plaintiff, upon which the defendant has brought error.
Counsel insists that the court could not lawfully presume that the check was the property pf Jackman, or that he had any interest in the draft; that neither was money; and thát he erred in his conclusions of law. The learned circuit judge treated the disclosure as prima facie proof that Jackman, having a check indorsed in blank, was its owner. The draft was payable to Irons, and placed within his control the check, or the money represented by either. If neither Irons nor Jackman chose to contradict the prima facie case by testifying what the transaction really was, and who owned the check, the court could do no less than to render the judgment which was rendered.
The judgment is affirmed.
Reference
- Full Case Name
- WEAVER v. IRONS
- Status
- Published