UNITED STATES SUPREME COURT DECISIONS ON-LINE
FITZGERALD & MALLORY CONSTRUCTION CO. V. FITZGERALD, 137 U. S. 98 (1890)
137 U. S. 98U.S. Supreme Court
Fitzgerald & Mallory Construction Co. v. Fitzgerald, 137 U.S. 98 (1890)
Fitzgerald & Mallory Construction Co. v. Fitzgerald
No. 1141
Submitted October 28, 1890
Decided November 17, 1890
137 U.S. 98
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE DISTRICT OF NEBRASKA
Syllabus
Where jurisdiction has been obtained by service of garnishee process in a proceeding in rem, the court has power to proceed notwithstanding defect in service on the person.
In such case, objection to jurisdiction over the person, to be availing, must not be raised in connection with denial of jurisdiction over the subject matter.