COMMONWEALTH BANK & TRUST CO. v. COLLINS MORTG. CO.

No. 4483.

10 F.Supp. 460 (1935)

COMMONWEALTH BANK & TRUST CO. OF SAN ANTONIO, TEX., et al. v. COLLINS MORTG. CO. et al.

District Court, S. D. Iowa, Central Division.

February 12, 1935.


Attorney(s) appearing for the Case

Stipp, Perry, Bannister & Starzinger, of Des Moines, Iowa, for plaintiffs.

Havner, Flick & Powers, of Des Moines, Iowa, and Henning & Baker, of Chicago, Ill., for Collins Mortg. Co.

Tinley, Mitchell, Ross & Everest, of Council Bluffs, Iowa, and Carr, Cox, Evans & Riley, of Des Moines, Iowa, for Equitable Life Assur. Soc. of the United States.

Donald Barnes and Grimm, Elliott, Shuttleworth & Ingersoll, all of Cedar Rapids, Iowa, for Cedar Rapids Nat. Bank and Merchants' Nat. Bank of Cedar Rapids, Iowa.


DEWEY, District Judge.

The above-entitled cause came on for hearing in open court at Des Moines, Iowa, on the 2d day of February, 1935, on motions of the defendants to dismiss a garnishment proceeding instituted by the plaintiff. The facts as stated by the plaintiff in its brief and established by the record, of which the court will take judicial notice, are as follows:

"This suit was brought against both the Collins Mortgage Company and the Equitable Life...

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