
    State of Minnesota, ex rel. Chicago, St. Paul, Minneapolis & Omaha Railway Company vs. S. V. Hanft.
    October 28, 1884.
    
      ■Certiorari will not lie where there has been an opportunity for appeal. [Rep .
    
      Certiorari directed to respondent, a justice of the peace for Ramsey county, seeking to have reversed and declared null and void a judgment rendered by respondent against relator, as garnishee, in an action brought by one D. J. McNerny against one Eugene Haynes.
    .After the service of the garnishee summons in the justice court, the relator duly appeared upon the return-day and made disclosure of an indebtedness to defendant Haynes. The garnishment proceedings were then continued to a fixed day, in order to allow time for the service of the summons by publication upon Haynes, (who was a nonresident,) and for the recovery of judgment against him. Upon the •day fixed, the garnishee did not appear, and, judgment having been entered against the defendant, the justice entered judgment against the relator, as garnishee. No appeal was taken from this judgment against the relator within the time allowed by statute. It is claimed by relator that the judgment against defendant Haynes is void upon its face, because of insufficient publication of the summons. Respondent moved to dismiss the writ.
    
      E. C. Palmer and J. D. Howe, for relator.
    
      S. P. Crosby and William H. Lightner, for respondent.
   By the Court.

The uniform doctrine of this court is that the writ of certiorari will not lie where there is an adequate remedy by appeal. This garnishee had that remedy, and the writ is accordingly dismissed.  