Northwestern Fuel Co. v. Kofod
Supreme Court of Minnesota
In the district court for Ramsey county Bertram GL Leveroos was served with a summons in garnishment proceedings. A motion to dismiss the proceedings for the reasons mentioned in the opinion was denied. From an order, O. B. Lewis, J., directing judgment for $648.87 to be entered against said garnishee, Leveroos appealed. Two or more cannot be held as garnishees, unless the liability to the principal debtor is joint. Ball y.
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In the district court for Ramsey county Bertram GL Leveroos was served with a summons in garnishment proceedings. A motion to dismiss the proceedings for the reasons mentioned in the opinion was denied. From an order, O. B. Lewis, J., directing judgment for $648.87 to be entered against said garnishee, Leveroos appealed. Two or more cannot be held as garnishees, unless the liability to the principal debtor is joint. Ball y. Young, 52 Mich. 476. G. S. 1894, § 5308, requires the garnishee summons to designate the person before whom it is returnable. “At special term” does not mean necessarily…
1Opinion of the CourtStart, C. J.
The appellant, Bertram G-. Leveroos, appealed from the judgment of the district court of the county of Ramsey against him, as garnishee, in favor of the plaintiff.
A garnishee summons in this action was served on the appellant, and he appeared specially, and moved the court to dismiss the garnishee proceedings, and quash the summons as to him, on the grounds:(a) That several garnishees, having no identity of interest in the things garnished, were, under one affidavit and summons, sought to be jointly and severally garnished.(b) That the affidavit and summons were defective in form and…
2Cases cited3 opinions
- Curry v. WoodwardSupreme Court of Alabama · 1874
- Flanagan v. BorgSupreme Court of Minnesota · 1896
- Hoffman v. ParsonsSupreme Court of Minnesota · 1880
3Cited by2 opinions
- State v. . BoykinSupreme Court of North Carolina · 1937
- Philips v. RobinsonCourt of Appeals of Kentucky (pre-1976) · 1928