Garland v. Sperling Bros.
New Mexico Supreme Court
Error, from a judgment in favor of plaintiffs, to the Fifth Judicial District Court, Socorro County. The facts are stated in the opinion of the court. Garnishment upon execution is authorized by the statute, only when the prescribed efforts to find property of the execution defendant have failed.
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Error, from a judgment in favor of plaintiffs, to the Fifth Judicial District Court, Socorro County. The facts are stated in the opinion of the court. Garnishment upon execution is authorized by the statute, only when the prescribed efforts to find property of the execution defendant have failed. Section 2159, Compiled Laws, 1884. A garnishee can not, like a defendant, cure any irregularity by appearance, or waive any requirement necessary to give jurisdiction. 2 Wade on Attachment, secs. 336-361. The court should have sustained the garnishee’s motion to postpone the hearing. Waples on…
1Opinion of the CourtO’Brien, C. J.
On the twenty-fifth of May, 1888, in the district court for Socorro county, in an action at law wherein the defendants in error were plaintiffs and the Shorthorn Cattle Company was defendant, the plaintiffs recovered judgment against the defendant company for the süm of $2,646.98, besides the costs of suit.- In aid of the execution issued upon this judgment, garnishee summons was served upon William Garland. The sheriff made due service of the writ upon the garnishee, but he did not, however, certify in his return that he had demanded payment of the judgment debtor, or that he had requested…
2Cases cited9 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Chanute v. MartinIllinois Supreme Court · 1860
- Scales v. Southern Hotel Co.Supreme Court of Missouri · 1866
- Coburn v. AnsartMassachusetts Supreme Judicial Court · 1807
- Hinkley v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1864
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3Cited by3 opinions
- Kirby v. Guardian Life Insurance Co. of AmericaNew Mexico Supreme Court · 2010
- Title Guaranty & Insurance v. CampbellNew Mexico Court of Appeals · 1987
- Gallegos v. EspinozaNew Mexico Court of Appeals · 2001