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Thomas v. Gibbons

Thomas v. Gibbons, 15 N.W. 593 (Iowa 1883)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
April 19, 1883
Judges
Adams
Citations
15 N.W. 59361 Iowa 50
Headnotes
1. Garnishment: debt “to become due.” A debt which, is not in existence at the time of garnishment is not a debt “to become due,” in the contemplation of section 2975 of the Code. Consequently, wages earned after the service of the garnishment process are not held thereby;
Summary
Appeal from Jefferson District Court. The plaintiff, having obtained a judgment against the defendant, Gibbons, garnished the defendant, the Chicago, Burlington & Quincy R. Oo. The answer óf the garnishee, upon being taken, showed that Gibbons at the time of the garnishment was employed by the garnishee as a brakeman, and that there was due him at the time of the garnishment, for wages then earned, $9.70, and that the garnishee owed him no other debt at that time, due or to become due. The answer, however, showed that Gibbons continued in the employ of the garnishee, and earned other wages after the garnishment, to the amount of about $1M. The court refused to charge the garnishee for such other wages, and rendered judgment for only $9.70. The plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Adams

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Adams, J.

— The question presented arises upon the construction of section 2975 of the Code. The garnishee is re *51 quired not to pay any debt dne or thereafter to become due. As to the meaning of the words “debt due” there can be no doubt. The question is as to the' meaning of the words “ debt thereafter to become due.” The plaintiff contends that the word debt, as used, is not restricted to a debt then exist-. ing, but may also mean any debt which may thereafter originate. Rut a debt which has yet to originate cannot properly, we think, be said to be a debt which is to become due. Of such a debt nothing can- properly be predicated. The words “to become due” are set over against the word “due,” and like it are used to deseribe the word debt, which must mean a subsisting debt. Huntington v. Risdon, 43 Iowa, 517 . We think that the court correctly refused to charge the garnishee for a debt which had no existence at the time of the garnishment.

Aeeirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1894: 11896: 11897: 11903: 11910: 11911: 11913: 11914: 11917: 11919: 11941: 11957: 11958: 118942026peak 1894 · 1

Relies on it most ⓘ

  1. Langerman v. Puritan Dining Room Co.132 P. 617 (Cal. Ct. App. 1913)
  2. Beeghly v. Wilson152 F. Supp. 726 (N.D. Iowa 1957)
  3. Frieze v. Powell140 P. 690 (Wash. 1914)
  4. Stowe v. Breen300 N.W. 518 (Iowa 1941)
  5. Ottumwa National Bank v. Norfolk185 Iowa 1334 (1919)
  6. Bedford v. Kissick67 N.W. 609 (S.D. 1896)

Most recent

  1. Chaachou v. Kulhanjian104 So. 2d 23 (Fla. 1958)
  2. Beeghly v. Wilson152 F. Supp. 726 (N.D. Iowa 1957)
  3. Stowe v. Breen300 N.W. 518 (Iowa 1941)
  4. Ottumwa National Bank v. Norfolk185 Iowa 1334 (1919)
  5. Eller v. National Motor Vehicle Co.181 Iowa 679 (1917)
  6. Frieze v. Powell140 P. 690 (Wash. 1914)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Huntington v. Risdon, 43 Iowa 517 (1876) 10

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