139 Iowa 64 | Iowa | 1908
The record presented is quite confused, but, as we understand the case we have to consider, it is substantially as follows: The plaintiff obtained judgment against defendant before a justice of the peace, and under an execution issued thereon the Taber Lumber Company was summoned as garnishee and answered, showing it to be indebted to the defendant. The defendant moved to discharge the garnishee on the ground that the judgment against him was void for want of jurisdiction in the justice who rendered it, and that the debt due from the garnishee was for wages earned by him within ninety days prior thereto, and exempt to him as the head of a family. The justice held that the claim of exemption had not been made out, but sustained the plea attacking the validity of the judgment in plaintiff’s favor, and ordered the garnishee discharged. The plaintiff thereupon obtained a writ of error from the district court for a review of the garnishment proceedings before the justice. In the district court, a motion by defendant to dismiss the proceeding and quash the writ being overruled, the court sustained the assignment of error, and ordered the cause remanded with direction to the justice to treat the original judgment against defendant as a valid judgment and to hear the garnishment proceedings anew, after due notice to the
A'new trial must be ordered, and the judgment appealed from is therefore reversed.