Hudson v. Patterson
Supreme Court of Minnesota
Action in the district court for Ramsey county. The Philadelphia Casualty Company was served with garnishee summons as a supposed debtor of defendant in that action.
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Action in the district court for Ramsey county. The Philadelphia Casualty Company was served with garnishee summons as a supposed debtor of defendant in that action. The garnishee appeared specially and obtained an order directing plaintiff to show cause why the service of the garnishee summons should not be set aside upon the ground that the same was improvidently issued, that the court had no jurisdiction of the subject matter of the garnishee proceeding or of the garnishee, and because garnishee process could not be issued against such garnishee so long as it was a judgment debtor and…
1Opinion of the CourtBrown, C. J.
Defendant Patterson recovered certain judgments against the Philadelphia Casualty Company, garnishee herein. In this action by plaintiff against Patterson, the money due on these judgments was sought to be empounded by garnishment pi’ocess pending the litigation. To that end and on January 11, 1913, plaintiff caused an affidavit in garnishment proceedings to be filed in the office of the clerk ■of the district court, and thereupon her attorney issued the usual garnishee summons, which was, on the same day, served upon the garnishee by delivering a copy thereof to the state insurance…
2Cases cited1 opinion
- Crombie v. LittleSupreme Court of Minnesota · 1891
3Cited by3 opinions
- Borgen v. CortySupreme Court of Minnesota · 1930
- Spotts v. BeebeSupreme Court of Minnesota · 1921
- First National Bank of Pepin v. CaseySupreme Court of Minnesota · 1925