Logan v. Goodwin

Citations

• 104 F. 490
• 43 C.C.A. 658
• 1900 U.S. App. LEXIS 3939

Syllabus

<p>1. Garnishment — -Informality of Bond Waived by Joining Issue.</p> <p>A judgment in favor of a garnishee will not he sustained in an appellate court on account of the insufficiency or informality of the bond, when the garnishee and the defendants were duly served with the garnishee summons, the garnishee answered on the merits, and the action went to judgment on other grounds, without any objection to the bond.</p> <p>2. Appeal prom Judgment in Garnishment Runs euom Its Date.</p> <p>The action in garnishment, under Gen. St. Kan. 3897, c. 95, §§ 227-247, Is distinct from the action between the plaintiff and defendant, and results in a separate judgment. The time for appeal or .writ of error to review the latter judgment runs from its date, and not from the date of the judgment between plaintiff and defendant.</p> <p>3. Appeal — Effect of Failure to Obtain Supersedeas.</p> <p>The failure to obtain a supersedeas under section 1007 of the Revised Statutes does not affect the rigid or limit the time for an appeal or writ of error to review a decree or judgment.</p> <p>4. Same — State Statutes Inapplicable to. Review of Judgments or Decrees .in Federal Courts.</p> <p>Congress has established a complete system for the review of the judgments and decrees of the federal courts, and the provisions of the state statutes allowing and limiting the review of judgments or decrees in their courts are inapplicable to proceedings in the courts of the United States.</p> <p>5. Remedial State Laws — Presumption of Adoption by Federal Courts.</p> <p>The presumption is, in the absence of evidence, that the remedial laws of a state in force therein a1 the time of a proceeding taken thereunder in a federal court had been adopted by that court, under sections 915 and 916 of the Revised Statutes.</p> <p>6. Courts — Pleading and Practice — Question.</p> <p>The question whether or not a. notice given by a plaintiff to a garnishee that lie elects to take issue on his answer, under section 232