Legal Opinion

McCormick Harvesting Machine Co. v. James

Wisconsin Supreme Court

Decided April 11, 1893PublishedCited by 3 opinions

APPEAL from the Circuit Court for Pooh County. Garnishment in justice’s court in aid of execution. After numerous adjournments a judgment was rendered against the garnishee, December 15,1891, for $25 and costs.

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APPEAL from the Circuit Court for Pooh County. Garnishment in justice’s court in aid of execution. After numerous adjournments a judgment was rendered against the garnishee, December 15,1891, for $25 and costs. After-wards, on the same day, the plaintiff, the garnishee defendant, James, and the main defendant, Reed, appeared by their attorneys, and agreed that said judgment be opened so that the case stand as it did before the entry of said, judgment, and that the action be adjourned to January 5, 1892, in accordance with which agreement the justice in form opened the judgment and adjourned…

1Opinion of the CourtWinslow, J.

This judgment must be reversed. After the. entry of the judgment against the garnishee of December 15, 1891, it is clear that the justice could not, of his own motion, reopen the case and adjourn the action to a future date. Unless the consent of the garnishee gave him 'the power and restored his jurisdiction, he could not do it at all. ‘ It is well settled in this state that a garnishee cannot,, by voluntary appearance, confer jurisdiction or waive the requirements of the statute. The statute must be strictly pursued in order to confer jurisdiction of a garnishee action. Edler v. Hasche, 67…

2Cases cited1 opinion

  1. Edler v. HascheWisconsin Supreme Court · 1887

3Cited by3 opinions

  1. State ex rel. Chicago & Northwestern Railway Co. v. PauliWisconsin Supreme Court · 1905
  2. Colorado Fuel & Iron Co. v. BlairColorado Court of Appeals · 1895
  3. Colorado Fuel & Iron Co. v. BlairColorado Court of Appeals · 1895

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