Geren & Hamond v. Lawson

Citations

• 25 N.M. 415
• 184 P. 216

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. On appeal from the justice court to the district court, the garnishee against whom judgment has been rendered, where it appears frohi the transcript of the justice that no summons was issued nor service obtained, either personally, by publication, or otherwise, against the defendant and ■principal debtor, and that he did not appear and waive service, a district court, on motion, properly adjudged the proceedings to be null and void, and dismissed the case, as “garnishment” is an ancillary proceeding, and not a new separate suit. P. 416</p> <p>2. The statutory and constitutional provisions, that on appeals from justices of the peace to the district courts the case appealed shall be tried de novo, mean that such cases shall be so tried when the justice court had jurisdiction. If the justice court had no jurisdiction of the case, the district court, on appeal from the justice court, acquires none by such appeal, and it cannot be tried de novo. P. 416</p>