Burnham v. Doolittle
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J. 1. Summons should have been quashed. Humphrey v. Candee, 2 Cow., 509. Burgess v. Stilt, 12 How. Pr., 401. 2. The equity of redemption cannot be reached by garnishment.
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Error to the district court for Lancaster county. Tried below before Pound, J. 1. Summons should have been quashed. Humphrey v. Candee, 2 Cow., 509. Burgess v. Stilt, 12 How. Pr., 401. 2. The equity of redemption cannot be reached by garnishment. Drake on Attachment, secs. 560, 561. Williams v. Railroad, 36 Maine, 201. Hassie v. God With Us, 35 Cal., 378. cited: Fiwnell v. Burt, 2 Handy, 207. Casly v. Fenstemaker, 14 Ohio State, 457. Faulkner v. Meyers, 6 Neb., 418. Wheeler v. Newbold, 16 N. Y., 392.
1Opinion of the Court
Lake, Ch. J.
This petition in error presents two questions. ' First. Was the motion to quash the summons in garnishment properly overruled? Second. Was the plaintiff in error rightly held as garnishee?
*215The first of these questions might well be disposed of by applying a rule of practice that a voluntary appearance is a waiver of all defects in the original process. Crowell v. Galloway, 3 Neb., 215. Kane v. The People, 4 Id., 509. Or it might be disposed of under the rule of the statute, that: “No proceedings against such garnishee or garnishees shall be quashed, or such garnishee or garnishees…
2Cases cited2 opinions
- Crowell v. GallowayNebraska Supreme Court · 1874
- Peckinbaugh v. QuillinNebraska Supreme Court · 1882
3Cited by8 opinions
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- Bank of Centerville v. GelhausSouth Dakota Supreme Court · 1932
- James Currin Bergin, Trustee in Bankruptcy v. Vernon Waterson, in the Matter of W. G. Schafer, BankruptCourt of Appeals for the Tenth Circuit · 1960
- Lincoln Joint Stock Land Bank v. FullerNebraska Supreme Court · 1937
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