136 Iowa 575 | Iowa | 1907
The action was commenced by petition filed in October, 1904, in which judgment was asked against the défendant, with allegations of grounds for attachment on which a notice was served on appellant as garnishee-summoning her to make answer as the debtor of defendant.- The garnishee answered, admitting that she was the holder by assignment from defendant of a receiver’s certificate issued to him, but alleging that she was such holder for valuable consideration. The plaintiff controverted the answer, alleging that at the time that defendant assigned the certificate to the garnishee he was insolvent, and that the assignment was without consideration, and for the purpose of putting his property beyond the reach of his creditors. On trial to the court without a jury, the plaintiff was given a judgment in rem on attachment by. garnishment against the defendant and the garnishee for the amount of his claim, with costs, and the certificate which had been placed in the hands of the clerk of the court by the garnishee was ordered to be sold and the proceeds ap-pliéd on the judgment so far as necessary. On this appeal by the garnishee, it is urged, first, that the court was without jurisdiction to render a judgment against the garnishee for want of valid service upon the defendant, and also that there was no sufficient evidence of the insolvency of the defendant at the time of the assignment of the certificate to the garnishee.
It is urged that want of jurisdiction was not'raised by the garnishee until the objection is now made for the first time on appeal, and many cases are cited to the proposition that an objection not raised nor in any way presented in the trial court cannot be considered in the appellate court; but these cases on examination are found to’be those in which the error relied upon might have been cured by some action of the trial court, if there presented. Absolute want of jurisdiction of the court could not have been cured by any action which might have been taken. The court could not proceed in a case in which it had no jurisdiction to render any judgment which would have validity and it is immaterial, therefore, that the objection was not urged before the judgment was rendered. It has uniformly been held in this court that want of jurisdiction may be raised at any time, and it is not waived by failure to firing it to the attention of the trial court. Groves v. Richmond, 53 Iowa, 570; McLachlan v. Town of Gray, 105 Iowa, 259.
The trial court erred, therefore, in rendering a judgment against the appellant without having any jurisdiction of the defendant or of the subject-matter of the action; and its judgment is reversed.