Goodrich v. Hopkins
Supreme Court of Minnesota
This action was couimenced in the Steele County District Court. The garnishee was summoned to appear before the Judge of said Court at Owatonna, December 5, 1864, which was the first day of a general term; no fees were paid the garnishee, nor was their payment waived.
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This action was couimenced in the Steele County District Court. The garnishee was summoned to appear before the Judge of said Court at Owatonna, December 5, 1864, which was the first day of a general term; no fees were paid the garnishee, nor was their payment waived. The garnishee failed to appear, and the Judge ordered judgment against the garnishee for the amount of plaintiffs’ demand against the defendant. * On the 6th December, 1864, the garnishee appeared before the Court by his attorney, and moved the Court, upon affidavits excusing the default, &o., to set aside the same and allow him…
1Opinion of the Court
By the Court —
Berry, J.
— With regard to the objection that the order to show cause improperly provided for notice of hearing of not less than six days, it is only necessary for us to say that Sec. 17, page 627, Pub. Stat., so far as it requires eight days’ notice of a motion, does,, not have reference to orders to show cause. That section authorizes the Judge to prescribe a shorter time by order to show cause, and in the absence of anything to the contrary, it is to be presumed that the order is made in a proper case and in the exercise of suitable discretion. See Marty vs. Ahl, 5 Minn., 33.
It…
2Cases cited2 opinions
- Marty v. AhlSupreme Court of Minnesota · 1860
- Irvine v. Lawrence Meyers & Co.Supreme Court of Minnesota · 1861