Mahrle v. Engle

In his oral argument, though not in his brief, respondent contended that the order in question is not an appealable one. We think he is mistaken. Garnishment before execution issued is a provisional remedy. Revisor’s note, 1878, to ch. 267, Stats., Wis. Anno. (1950). The order refusing to dismiss the garnishment was one which continued it and therefore continued a provisional remedy. An order which continues a provisional remedy is appealable. Sec. 274.33 (3), Stats.

Appellant’s first argument is that a garnishment proceeding may not be commenced in any court other than that in which the main…