Kentzler v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. On the 13th of September, 1878, an execution issued from' the circuit court for Dane county to the sheriff of Milwaukee co.unty.
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APPEAL from the Circuit Court for Milwaukee County. On the 13th of September, 1878, an execution issued from' the circuit court for Dane county to the sheriff of Milwaukee co.unty. It recited that, in an action in the municipal court for the city of Madison, between Andrew Kentzler, plaintiff, and C. S. Hardy, defendant, a judgment was rendered September 1,1877, in favor of said plaintiff and against said defendant, for $79.90, as appeared by a transcript of said judgment 'filed and docketed in the office of the clerk of the circuit court for Dane county on September 24,1877, and that $79.90…
1Opinion of the CourtRtah, C. J.
The execution on which the proceeding of garnishment was taken, • is returned amongst the motion papers, and must be held to have been before the court below on the motion.
It is the foundation of the proceeding. The jurisdiction, so to speak, of the proceeding of garnishment rests on the execution; and a defect in the execution fatal to its own validity, is equally so to the proceeding taken upon it. JExecutio est finis et fructus legis. And, by the law governing courts generally, every court has inherent power to issue writs of execution on *643its own judgments, but not beyond its territorial…
2Cases cited13 opinions
- State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
- In re EldredWisconsin Supreme Court · 1879
- State ex rel. Chandler v. MainWisconsin Supreme Court · 1863
- Swift v. AgnesWisconsin Supreme Court · 1873
- Allen v. StateWisconsin Supreme Court · 1856
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chapman v. ReddickSupreme Court of Florida · 1899
- Hutchinson v. NelsonSupreme Court of Kansas · 1901
- Drake v. HarrisonWisconsin Supreme Court · 1887
- Fox v. StateWisconsin Supreme Court · 1973
- Gowan v. FountainSupreme Court of Minnesota · 1892
6 more not listed; retrieve them via the Exa API.