52 Wis. 261 | Wis. | 1881
The service of a summons is to secure the appearance of the party upon whom it is made. If the party so served appears, as required by the summons, the object of the service is secured. A defect in such service, therefore, is not available in the appellate court for one who so appeared. The service of the garnishee summons was the commencement of an action against such garnishee and in favor of the plaintiff in the original action. Section 3720, R. S. Such garnishee action, however, is ancillary to the principal action, or judgment and execution, and the two must necessarily be in the same court at the same time. Hence, no final judgment can be rendered against the garnishee until final judgment is rendered against the defendant in the original action. .Section 3727, R. S. Here judgment had been rendered in the principal suit more than a year before the garnishee action. The garnishee summons was not issued in aid of a pending action, but in aid of an execution issued upon a judgment previously rendered. A judgment in a court of record is defined by statute to be the final determination of the rights of the parties in the action. Section 2882, R. S. The same is true of a judgment in a justice’s court, which has not been appealed from. This being so, the defendant in the exe
By the Oourt.— The judgment of the circuit court is affirmed.