Howland v. Jeuel
Supreme Court of Minnesota
Appeal by the garnishee, the Central Women’s Christian Temperance Union of Minneapolis, a corporation, from a judgment of the District Court of Hennepin County, William Lochren, J., rendered March 7, 1893, against it for $114.80. David Howland, plaintiff, commenced this action December 23, 1892, against Hans Jeuel, defendant, upon contract to recover money due from him.
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Appeal by the garnishee, the Central Women’s Christian Temperance Union of Minneapolis, a corporation, from a judgment of the District Court of Hennepin County, William Lochren, J., rendered March 7, 1893, against it for $114.80. David Howland, plaintiff, commenced this action December 23, 1892, against Hans Jeuel, defendant, upon contract to recover money due from him. At the same time Howland made and filed an affidavit stating the pendency of the action and that he believed that the Central Women’s Christian Temperance Union of Minneapolis was then indebted to Jeuel in an amount exceeding…
1Opinion of the CourtMitchell, J.
It is more than doubtful whether the record in this case is sufficient to bring up any question for review. But, waiving this point, we discover no merit in the appeal.
The voluntary general appearance of the appellant waived all defects in the garnishee summons or in the mode of its service on the garnishee. It was not necessary that the affidavit of garnishment should state that the garnishee was a corporation. It is at least an open question whether it is necessary, even in a pleading in an action by or against a corporation, to aver the incorporation, except in cases where the action, as…
2Cases cited1 opinion
- Dodge v. Minnesota Plastic Slate Roofing Co.Supreme Court of Minnesota · 1869
3Cited by6 opinions
- Aultman, Miller & Co. v. MarkleySupreme Court of Minnesota · 1895
- Holden v. Great Western Elevator Co.Supreme Court of Minnesota · 1897
- Barr v. WarnerOregon Supreme Court · 1900
- Ferreira v. KamoHawaii Supreme Court · 1908
- Gilmore & Ruhl v. CohnSupreme Court of Iowa · 1897
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