93 Iowa 432 | Iowa | 1895
Tliis action was commenced on the twentieth day of October, 1892. The petition, of the plaintiff alleges that in the months of September and October of that year he sold to the defendant bogs to the amount of two hundred and fifty-six dollars and twenty-two cents, and cattle to the amount of two hundred dollars, for which judgment is asked. The defendant did not enter an appearance in the case. The petition. of intervention alleges that in the year 1891 the defendant became the. treasurer of the intervener, and that, as such treasurer, he deposited in the bank of the garnishee the money which they hold to his credit. The plaintiff, in Ms answer to the petition of intervention, alleges that the money so deposited was not money which belonged to the intervener, but that five hundred and fifty-seven dollars and fifty-four cents were the proceeds of a shipment of hogs and cattle made to Chicago and sold by the defendant, and that of such proceeds one hundred and eleven dollars and fifty cents were for cattle which belonged to the plaintiff, but which had been shipped by the defendant, as agent. The plaintiff asks that the petition of intervention be dismissed, and that he have judgment against the garnishee for the amount of his claim, and costs. A motion for such a judgment on the evidence was overruled, judgment was rendered in favor of the plaintiff, and against the defendant, for three hundred and fifty-eight dollars and eighty-nine cents and costs, and in favor of the inter-vener, as stated.
I. There is but little dispute as to the material facts in the case. The defendant was elected treasurer of the intervener in September, 1891, and Ms successor was elected on the twenty-eighth day of September, 1892. One week before that time, ’ the defendant appeared at the place where the meetings of the board.
II. The appellant lias invited our attention, with • out argument, to alleged errors of the court in rulings on objections and instructions. It is not our custom to consider, in civil cases, questions which are not discussed in argument, but it is proper to say that we have examined the rulings to which reference is made, and do not find in them any error which could have been prejudicial to the appellant. The judgment of the District Court is affirmed.