Rasmussen v. McCabe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action by 0. Rasmussen, for the conversion of a wagon. Complaint in the ordinary form in trover.
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APPEAL from the Circuit Court for Winnebago County. Action by 0. Rasmussen, for the conversion of a wagon. Complaint in the ordinary form in trover. The answer, after a general denial, alleged in substance, that the wagon bad been, on the 21st of December, 1872, duly adjudged to be the property of one Miller, in garnishee proceedings against the present plaintiff and one A. Rasmussen, after an execution on a judgment against Miller had been returned unsatisfied; that the judgment against the garnishees directed them to deliver the property into court on the 1st of February, 1873, to be…
1Opinion of the CourtRyan, C. J.
It was error to exclude the justice’s judgment against the garnishees on the judgment of McCabe v. Miller.
It might tax the ingenuity of most justices of the peace to produce a more confused or eccentric docket of a proceeding *478and judgment. But a judgment was rendered by the justice here, within his jurisdiction, however erroneous.
The affidavit on which the garnishees were summoned appears substantially to comply with the statute. The justice’s docket shows that they were duly summoned and appeared. Having thus acquired jurisdiction of the subject and of the persons, the justice took with it…
2Cited by3 opinions
- Williamson v. Oklahoma National BankSupreme Court of Oklahoma · 1898
- Rasmussen v. McCabeWisconsin Supreme Court · 1879
- In re PierceWisconsin Supreme Court · 1878