A Treatise on the Law of Garnishment; Embracing Substantive Principles, Procedure and Practice, and Garnishment as a Defense ... Adapted to General Use

A Treatise on the Law of Garnishment; Embracing Substantive Principles, Procedure and Practice, and Garnishment as a Defense ... Adapted to General Use

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...but he cannot admit away another's right, over which he has no power. It is a plain proposition that one against whom there is an existing claim cannot, by his own act alone, 81 Laidlow v. Morrow, 44 Mich. 547, 7 N. W. 191; Milwaukee Bridge & Iron Co. v. Wayne County Circuit Judge, 73 Mich. 155, -11 N. W. 215; Wells v. American Exp. Co., 55 Wis. 23, 35, 11 N. W. 541; Desha v. Baker, 3 Ark. 509; Edwards v. Levinsohn, 80 Ala. 447, 2 South. 161; Gunn v. Howell, 27 Ala. 663, 62 Am. Dec. 712. PRESUMPTIONS OF REGULARITY: Justices of the peace not being required to keep a full record of the proceedings had before them, the regularity of such proceedings will be presumed, if the record shows all the statute requires the justice to record. Carper v. Richards, 13 Ohio St. 219. When the record shows that the justice acquired jurisdiction, it will be liberally construed. Root v. Davis, 51 Ohio St. 29, 35 N. E. 669. When the judgment entry is obscure, it should be construed in the light of the pleadings and whole record. Fowler v. Doyle, 16 Iowa, 531. When the record of the garnishment proceedings offered in evidence failed to show that the plaintiff therein had recovered judgment against the principal defendant therein, held, that they were properly disregarded, because, without this, no judgment could pass against the garnishee. Barton v. Smith, 7 Iowa, 85. Presumptions in Fa'or qf J11.1.'isdt'ctixm and Regularity. 214. This appearing, the defense is perfect, however irregular and bungling the judgment entry may be; " and where a judgment of a court of a sister state is relied upon, and it does not appear what were the requisites of jurisdiction in such other state, the court will presume in favor of the jurisdiction of the transfer...show more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236843479
  • 9781236843470