Kayser v. Farmers & Mechanics' Bank

The plaintiff recovered a judgment on October 24, 1896, against one Brehm before a justice of the peace; proceedings against the defendant bank, as garnishee, being then pending, disclosure being made on November 7th. On November 24th a summons to show cause was issued against the garnishee, which was followed by judgment. Appeal was taken to the circuit court, where an objection to evidence upon the ground that the justice had no jurisdiction to issue the summons to show cause, inasmuch as more than 30 days had elapsed after judgment against Brehm, was sustained. The cause is here upon writ…