97 Iowa 556 | Iowa | 1896
II. Section 2967 of the Code, requires that notice of levies must be given the defendant “if found within the county, and also the person occupying or in pos- ■ session of the property, if it be in the hands of a third person.” The return on the attachment in favor of the bank, as first made, showed nothing as to notice to defendant of the levy, but during the progress of the trial of this case, it was amended by adding these words: “No notice on defendant of levy on stock, as he was not in Warren county, being a non-resident of Iowa.” The facts are that Thomas J. Swan was a resident of Wyoming, and, having business interests in Warren county, made occasional visits to that county. He was in Warren county on October 11, 1892, and on that day accepted service of the original notice in said case of the bank against him, at the request of the attorney for the bank. He was there for about twenty-four hours, and then left the county. The
III. The by-laws of the Warren County .Bank contain the following: “The stock of the bank shall be assignable only on the books of the bank, subject to the restrictions and provisions of the act under which the bank is organized, and a transfer book shall be kept in which all assignments and transfers of stock shall be made. No transfer of stock shall be made without the consent of the board, by any stockholder who shall be liable to the bank, either as principal, debtor, or otherwise, and the bank shall have a lien upon all stock owned by any person as security for any indebtedness due the bank. Certificates of stock signed by the president and cashier shall be issued to stockholders upon the payment of the full value thereof.” It is under this provision that the bank claiméd to have a prior lien upon all the stock owned by Thomas J. Swan, to the full amount of his indebtedness. The district court held against the bank on this claim. The bank has not appealed, and is therefore not complaining of this ruling; and, as it is in favor of appellants, they do not complain. With this state of the record, we are not called upon to consider this question.
It follows from what we have said that the decree of the district court should be affirmed.