108 Iowa 414 | Iowa | 1899
— This cause was tried in the district court on a stipulation as to the facts. From that it appears that when this action was commenced and when the proceedings involved in it were had, the makers of the notes in controversy resided in Hitchcock county, in the state of Nebraska. The defendant Charlton & Stalker is a partnership which is said to have conducted a bank at Eiehland, in this state, and was never located in Nebraska, nor did it-ever transact business in that state. A. C. Charlton and Allen Stalker, who compose the firm and are defendants, never resided in Nebraska, but for many years have -been
Section 2967 of the Oo;de of 1873 contains the following: “Stock or interest owned by the defendant in any company, and also debts due him, or property of his held by third persons, may be attached, and the mode of attachment must be as follows: (1) By giving the defendant in the action, if found within the county, and also the person occupying or in possession of the property, if it be in the hands of a third person, notice of attachment. (2) If the property is capable of manual delivery, the sheriff must take it into his custody if it can be found. * * * (4) Debts due the defendant, or property of his held by third persons, and which cannot be found, or the title to which is doubtful, are attached by garnishment thereof.”'
It is claimed by the appellants that the second subdivision of the section quoted, which requires the sheriff to take into his custody property capable of manual delivery which can be found, applies to the attachment of promissory