37 Iowa 171 | Iowa | 1873
In our opinion the court did not err in overruling the demurrer. The oz’der made in the case of Lawrence & Chambers vs. Smith is not a final determination of the liability of the garnishee.
Under section 3211 of the Revision, the garnishee, being indebted to the principal debtor on a negotiable note, could not be made liable unless the note was delivez’ed, or the garnishee was completely indemnified from all liability thereon, after satisfying the judgment.
This section the court seems to have had in view in making the order in question.
Plaintiffs shall have judgment when or after they indemnify the garnishee, or surrender the notes.
Thus considered, the action of the court is in accord with the provisions of section 3211 of the Revision, but, if it is considered as a final adjudication, it is in direct violation of the provisions of that section. Affirmed.