McCormick Harvesting Machine Co. v. James
This text of 54 N.W. 1088 (McCormick Harvesting Machine Co. v. James) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This judgment must be reversed. After the. entry of the judgment against the garnishee of December 15, 1891, it is clear that the justice could not, of his own motion, reopen the case and adjourn the action to a future date. Unless the consent of the garnishee gave him 'the power and restored his jurisdiction, he could not do it at all. ‘ It is well settled in this state that a garnishee cannot,, by voluntary appearance, confer jurisdiction or waive the requirements of the statute. The statute must be strictly pursued in order to confer jurisdiction of a garnishee action. Edler v. Hasche, 67 Wis. 653, and cases there cited.
■ By the Court.— Judgment reversed, and cause remanded with directions to reverse the judgment of the justice.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
54 N.W. 1088, 84 Wis. 600, 1893 Wisc. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccormick-harvesting-machine-co-v-james-wis-1893.