Legal Opinion

Pierce v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 30 opinions

APPEAL from the Circuit Court for Winnebago County. Action to recover wages alleged to be due to plaintiff from defendant. Defense, that defendant had been garnished in another state in certain actions against plain tiff; that judgment had been rendered against defendant in such garnishee proceedings, which judgment it had paid and satisfied. The facts are stated in the opinion.

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APPEAL from the Circuit Court for Winnebago County. Action to recover wages alleged to be due to plaintiff from defendant. Defense, that defendant had been garnished in another state in certain actions against plain tiff; that judgment had been rendered against defendant in such garnishee proceedings, which judgment it had paid and satisfied. The facts are stated in the opinion. Judgment for plaintiff ; from which defendant appealed. argued that a judgment against a garnishee, and satisfaction thereof, is a bar to future proceedings. Drake on Att., § 706 et seq., and cases cited; Bigelow on…

1Opinion of the CourtCole, J.

The sole question in this case is, whether the defendant corporation is protected by the garnishee proceedings in Chicago. The facts upon which the question arises have been stipulated; from which it appears that the plaintiff, who is a married man and the head of a family, residing in Oshkosh, performed work for the defendant at its machine shop in that city, in the months of June, 1872, and February and March, *2871873, for which he was entitled to receive the amounts specified and which he seeks to recover in this action. In June, 1872, and Eebruary, 1873, Louis Pelleten and O. M.…

2Cases cited2 opinions

  1. Brown v. HebardWisconsin Supreme Court · 1866
  2. Johann v. RufenerWisconsin Supreme Court · 1873

3Cited by30 opinions

  1. Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
  2. Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
  3. Moore v. C., R. I. &. P. R.Supreme Court of Iowa · 1876
  4. Agnew v. CroninCalifornia Court of Appeal · 1957
  5. Missouri Pacific Railway Co. v. MaltbySupreme Court of Kansas · 1885

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