85 Iowa 14 | Iowa | 1892
In the year 1886 the plaintiff, Peterson, recovered in the district court of Monroe county, against the defendant, Hays, and another, judgment for the sum of eight hundred and twelve dollars and twenty-three cents. Afterwards there was paid to Grriffin, as clerk of that court, to apply on the judgment a sum sufficient to pay the costs and leave a remainder of six hundred and eighty-four dollars and sixty-five cents. In March, 1888, suit was brought in the same court by Nelson against Peterson to recover money alleged to be due. A writ of attachment was issued in the suit, and the clerk was garnished as a supposed' debtor of Peterson on account of the money which was then in his hands. On the twenty-sixth day of October, 1889, judgment was rendered in that suit in favor of Peterson on the attachment bond, and discharging the attachment, and releasing the attached property. When the attachment was so discharged, Nelson did not announce his intention to appeal from the order discharging it, nor from the judgment. On the twenty-ninth day of that month he gave notice of appeal, and filed a supersedeas bond, but did not pay nor secure to the clerk his fees for a transcript. There
I. The appellant contends that ’the district * court had no jurisdiction to make the order from which the
II. Section 3019 of the Code provides that “when an attachment has been discharged, if the plaintiff then