Garland v. McKittrick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. On the 8th of November, 1877, the plaintiff obtained judgment against the defendant Bridget Fitzpatrick for $105 and costs, before L. Lincoln, Esq., a justice of the peace in Iowa county.
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APPEAL from the Circuit Court for Iowa County. On the 8th of November, 1877, the plaintiff obtained judgment against the defendant Bridget Fitzpatrick for $105 and costs, before L. Lincoln, Esq., a justice of the peace in Iowa county. March 13, 1879, the successor of the justice issued an execution thereon, and two days later, upon affidavits made in behalf of the plaintiff, a garnishee summons was issued in aid of the execution and served on Bridget Fitzpatrick and also on one of the firm of McKittriclc & Sons, returnable April 11,1879. At the time appointed in the summons, the defendant in…
1Opinion of the CourtCassoday, J.
The service of a summons is to secure the appearance of the party upon whom it is made. If the party so served appears, as required by the summons, the object of the service is secured. A defect in such service, therefore, is not available in the appellate court for one who so appeared. The service of the garnishee summons was the commencement of an action against such garnishee and in favor of the plaintiff in the original action. Section 3720, R. S. Such garnishee action, however, is ancillary to the principal action, or judgment and execution, and the two must necessarily be in the same…
2Cited by4 opinions
- Baker v. StateWisconsin Supreme Court · 1883
- Goyke v. StateWisconsin Supreme Court · 1908
- Jones v. St. OngeWisconsin Supreme Court · 1886
- State ex rel. Weber v. CordesWisconsin Supreme Court · 1894