Talk:Fitzgerald Mallory Construction Company v. Fitzgerald

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Edition:	Fitzgerald Mallory Construction Company v. Fitzgerald, under the laws of Iowa The petition was filed December 22, 1888, and summons issued, which was served on the 24th of December, by the delivery of a copy to S H Mallory, described in the return as 'the president and managing agent' of the defendant company Under title 4 of the Code of Civil Procedure of Nebraska, section 59 provides: 'An action other than one of those mentioned in the first three sections of this title, against a nonresident of this state or a foreign corporation, may be brought in any county in which there may be property of or debts owing to said defendant, or where said defendant may be found' Comp St Neb 1889, p 860 Under title 8, § 198, it is provided that 'the plaintiff in a civil action for the recovery of money may, at or after the commencement thereof, have an attachment against the property of the defendant, and upon the grounds herein stated First, when the defendant, or one of several defendants, is a foreign corporation, or a non-resident of this state' Under section 199: 'An order of attachment shall be made by the clerk of the court in which the action is brought, in any case mentioned in the preceding section, when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing-First, the nature of the plaintiff's claim; second, that it is just; third, the amount which the affiant believes the plaintiff ought to recover; fourth, the existence of some one of the grounds for attachment enumerated in the preciding section' Then follow various sections relating to proceedings in attachment and garnishment Comp St Neb p 877 In this case affidavit for attachment against defendant as a foreign corporation was made, order of attachment and garnishee summons issued, and the latter served upon the Missouri & Pacific Railroad Company, as owing debts to the defendant The garnishee subsequently answered that it was impossible to make a definite answer as to whether, on an accounting between it and the defendant, there would be due to the defendant any sum or sums of money whatsoever; and that litigation was pending in respect to a contract between it and the defendant for the purchase of certain securities, which it claimed might result, upon a proper accounting, in no indebtedness on its part to the defendant, and until the termination of which it could not answer more specifically .
Source:	Fitzgerald Mallory Construction Company v. Fitzgerald from http://bulk.resource.org/courts.gov/c/US/137
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