46 Iowa 652 | Iowa | 1877
The plaintiffs recovered a judgment for $97.50, and $3.20 costs, in an action before a justice of the peace. An execution was issued on the judgment and the defendant garnished thereon, and he was notified to appear at a stated time before the justice and answer such interrogatories as might be propounded to him touching his indebtedness to the execution defendant. At the time fixed he appeared and denied being so indebted, and also denied having any property in his possession or under his control belonging to such defendant. The plaintiffs filed a reply controverting the answer of the defendant, and claimed judgment against him for $101.70, and costs. The justice heard and determined the issues thus found, and rendered judgment in favor of the plaintiffs and against the defendant for $101.39, and three dollars and ninety cents costs in the garnishment proceeding; to which the defendant at the time excepted.
The defendant caused the proceeding to be removed to the Circuit Court for the purpose of correcting certain alleged
The views herein advanced receive support from the case of Andrews v. Powell, 27 Ind., 303. In that case several judgments had been rendered by a justice of the peace against one Delay, and a judgment against Powell, as garnishee, for $797, and the court say: “It is urged by the appellee that the judgment against the garnishee is void because the amount is beyond the jurisdiction of the justice. The separate claims against the attachment defendant were all within the limit of the jurisdiction of the justice, and therefore he might properly render a judgment for the entire amount of these claims against the garnishee.”
No complaint is made by the plaintiffs against the modification of the judgment made by the Circuit court, and it must, therefore, be
Affirmed.