Bates v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
^APPEAL from the Circuit Court for Racine County, xhe case is thus stated by Mr. Justice Taylor: “ On tbe 2d day of March, 1882, the respondent commenced an action against P. II. Cunningham in the Racine eo.nnty circuit court, and at the same time made an affidavit' as required by law, and issued a garnishee summons against the railway company.
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^APPEAL from the Circuit Court for Racine County, xhe case is thus stated by Mr. Justice Taylor: “ On tbe 2d day of March, 1882, the respondent commenced an action against P. II. Cunningham in the Racine eo.nnty circuit court, and at the same time made an affidavit' as required by law, and issued a garnishee summons against the railway company. A copy of the affidavit and garnishee summons was served upon John W. Cary, the general solicitor of said company, at the city of Milwaukee, on the 2d day of March, 1882, at five o’clock A. M. of that day.. In due time the railway company made answer…
1Opinion of the Court
I^TatloKj J.
After a careful consideration of the facts, and the arguments of the learned counsel for the respective parties, we have concluded that the learned circuit judge erred in refusing to instruct the jury as requested by the appellant, *300and also in rendering judgment in favor of the respondent upon the special verdict.J . » * - «
1. It seems to us very plain that where the law authorizes the service of a garnishee summons upon an officer of a corporation who has not in his actual possession the property sought to be reached by such process, but such property is in the possession of some…
2Cases cited15 opinions
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
- Burnham v. City of Fond du LacWisconsin Supreme Court · 1862
- State ex rel. Rogers v. Judge of County CourtWisconsin Supreme Court · 1860
- Adams v. ScottMassachusetts Supreme Judicial Court · 1870
- Buffham v. City of RacineWisconsin Supreme Court · 1870
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3Cited by27 opinions
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Louisville & Nashville Railroad v. DooleySupreme Court of Alabama · 1885
- Renier v. HurlbutWisconsin Supreme Court · 1891
- Rosenbush v. BernheimerMassachusetts Supreme Judicial Court · 1912
- Bowen v. PopeIllinois Supreme Court · 1888
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