110 Iowa 525 | Iowa | 1900
Shankland obtained a judgment-' against the city of Des Moines for the sum of four hundred’ dollars. This equitable proceeding was instituted to subject the amount due thereon to the payment of plaintiff’s-■judgment. J. D. Whisenand and E. Gr. Shankland intervene, claiming each to own one-half of the judgment against ■' the city. Whisenand claims as assignee of C. IT. Sweeney.. The facts set up by interveners are as follows: Shankland' had a claim against the city of Des Moines, which was disputed. He put the same into the hands of Sweeney, who-was an attorney at law, for collection. Not having means-to pay the costs or fees, Shankland made an oral assignment, of one-half the claim to Sweeney, to pay for his services- and expenses. He was also indebted to E. Gr. Shankland, - his wife, and, in-part payment of what he owed her, he-assigned to her orally the remainder of the claim. The-present-action was instituted after these alleged assignments-were made.