State ex rel. Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Hanft
Supreme Court of Minnesota
Certiorari directed to respondent, a justice of the peace for Ramsey county, seeking to have reversed and declared null and void a judgment rendered by respondent against relator, as garnishee, in an action brought by one D. J. McNerny against one Eugene Haynes. .After the service of the garnishee summons in the justice court, the relator duly appeared upon the return-day and made disclosure of an indebtedness to defendant Haynes.
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Certiorari directed to respondent, a justice of the peace for Ramsey county, seeking to have reversed and declared null and void a judgment rendered by respondent against relator, as garnishee, in an action brought by one D. J. McNerny against one Eugene Haynes. .After the service of the garnishee summons in the justice court, the relator duly appeared upon the return-day and made disclosure of an indebtedness to defendant Haynes. The garnishment proceedings were then continued to a fixed day, in order to allow time for the service of the summons by publication upon Haynes, (who was a…
1Opinion of the Court
By the Court.
The uniform doctrine of this court is that the writ of certiorari will not lie where there is an adequate remedy by appeal. This garnishee had that remedy, and the writ is accordingly dismissed.
2Cited by2 opinions
- State ex rel. Wischstadt v. OlsonSupreme Court of Minnesota · 1894
- State ex rel. Scheffer & Rossum Co. v. KaneSupreme Court of Minnesota · 1919