Farmers' Union Exch. of Riverside v. Iowa Adjustment Co.
| Decision Date | 07 April 1925 |
| Docket Number | No. 36472.,36472. |
| Citation | 203 N.W. 283,201 Iowa 78 |
| Parties | FARMERS' UNION EXCH. OF RIVERSIDE v. IOWA ADJUSTMENT CO. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Marshall County; B. F. Cummings, Judge.
Action in equity to enjoin the enforcement of a judgment. A demurrer to plaintiff's petition was sustained, and plaintiff appeals. Affirmed.C. H. Van Law, of Marshalltown, and A. E. Maine, of Iowa City, for appellant.
C. H. E. Boardman, of Marshalltown, for appellee.
This is an action in equity to enjoin the enforcement of a judgment entered in the municipal court of the city of Marshalltown against appellant, as garnishee, at the suit of the Iowa Adjustment Company v. Fred Mace, and transcripted to the district court of Marshall county.
The petition alleged that the judgment entered against appellant, as garnishee, by the municipal court is wholly void because entered without jurisdiction of either the person or the subject-matter; that no notice was ever served upon appellant; that it is a resident of Washington county, Iowa; that the finding of the court that appellant was indebted to the plaintiff in the attachment proceeding was erroneous, and that appellant was not, in fact, in any respect indebted to it, and that the finding and judgment of the court, based upon the alleged violation by appellant of the Bulk Sales Law, was without jurisdiction or authority, and prayed that appellee be restrained from proceeding in any way to enforce the payment of the judgment. Appellee filed a general equitable demurrer to the petition, and also demurred thereto, upon the ground that the municipal court is a court of concurrent jurisdiction with the district court, and that the latter is without jurisdiction to review the proceedings of the municipal court or to declare the judgment void. The demurrer was sustained.
A copy of the judgment entry in the municipal court was attached to and made a part of appellant's petition. It is recited therein that appellant, as garnishee, in Iowa Adjustment Company against Fred Mace, filed its answer as such garnishee; that the answers were controverted by the plaintiff in that action, and that the secretary and treasurer of appellant corporation appeared in person and testified upon the trial of the issue tendered by the pleading controverting such answers; that the court found that appellant was indebted to the defendant in the sum of $500, and entered judgment against it as garnishee for $270.75, the amount of plaintiff's claim, together with costs and attorneys' fees. The judgment further, and in a separately numbered paragraph of its findings, recited that appellant became indebted to appellee because of the purchase of a stock of merchandise of Fred Mace in violation of the Bulk Sales Law, and found that it held such stock as receiver under the provisions of chapter 64, Acts of the Thirty-Seventh General Assembly.
[1] It is alleged that the finding and order of the court as to the stock of goods was without jurisdiction because no proper notice was served upon appellant. It is conceded in the argument of counsel for appellant that it appeared by its secretary and treasurer upon the trial of the issues tendered by the pleading, controverting its answers as...
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