Platt v. Sauk County Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. In an action by Platt against one Hoag, the property of . Hoag was attached on the 15th of December, 1862, to satisfy a demand for $1,834.50, and the Sauk County Bank was summoned as garnishee of said attachment defendant.
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APPEAL from the Circuit Court for Sauk County. In an action by Platt against one Hoag, the property of . Hoag was attached on the 15th of December, 1862, to satisfy a demand for $1,834.50, and the Sauk County Bank was summoned as garnishee of said attachment defendant. The cashier of the bank appeared in obedience to the summons, and on his examination stated that the bank was not indebted to Hoag at the time of the service of the garnishee summons; that said Hoag had no money or effects in the bank at the time of such service ; that on the 5th of December, 1862, he deposited $í,200, and took…
1Opinion of the Court
By the Court,
Dixopt, C. J.
It was erroneous to strike $he cause from the calendar for the reason that no issue was joined. An issue was joined, and the only question that could arise was as to whether the plaintiff had given sufficient notice of his election to have a trial thereof. T. he statute expressly declares that the affidavit mentioned in the thirty-fourth section *226shall be deemed tbe complaint in tbe action against tbe garnishee, and bis answer taken on bis examination shall be bis $ answer in such action. R. S., ch. 130, sec. 49.
We are also of opinion that tbe election by tbe…
2Cases cited1 opinion
- Ford v. MitchellWisconsin Supreme Court · 1862
3Cited by3 opinions
- Roman v. DimmickSupreme Court of Alabama · 1898
- Grever v. CulverWisconsin Supreme Court · 1893
- Crerar v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874