Lusk v. Galloway
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Chief Justice Cole: “ This is an appeal from an order requiring the garnishee to make her answer more definite and certain by setting forth a copy of a contract under which she claims to hold the property of the defendant in the action.
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APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Chief Justice Cole: “ This is an appeal from an order requiring the garnishee to make her answer more definite and certain by setting forth a copy of a contract under which she claims to hold the property of the defendant in the action. The garnishee stated in substance, in her affidavit or answer, that she held certain real and personal property of the defendant under a contract made about February 14,1879, wherein she agreed to advance money to be used by the defendant in conducting its business, in sums as…
1Opinion of the CourtCole, C. J.
It is objected at the outset by plaintiff’s counsel, that this order is not appealable. We think the point well taken. If the order is appealable, it must be because it “involves the merits of the action, or some part thereof,” within the meaning of subd. 4, sec. 3069, R. S. Notwithstanding the ingenious argument of the garnishee’s counsel on this point, we fail to perceive how this order can involve in any way the merits of the action. What is the subject matter of this action ? It is, whether, at the time of the service, of the summons, the garnishee was indebted to or had any property…
2Cited by4 opinions
- McCarville v. BoyleWisconsin Supreme Court · 1895
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
- John R. Davis Lumber Co. v. First National Bank of MilwaukeeWisconsin Supreme Court · 1893
- Nischke v. WirthWisconsin Supreme Court · 1886