State ex rel. Chicago & Northwestern Railway Co. v. Pauli
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. It appears from tbe record that May 10, 1904, Fred W. Pauli, as plaintiff, caused a summons to be issued by William A. Hart, a justice of tbe peace, against Max Numberg on a demand of $11.20, returnable May 18, 1904, at 9 o’clock a. m. at bis office.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. It appears from tbe record that May 10, 1904, Fred W. Pauli, as plaintiff, caused a summons to be issued by William A. Hart, a justice of tbe peace, against Max Numberg on a demand of $11.20, returnable May 18, 1904, at 9 o’clock a. m. at bis office. At tbe time of issuing sucb summons tbe plaintiff therein, Pauli, subscribed and swore to and filed an affidavit before said justice to tbe effect that said summons bad been so issiied and delivered to tbe officer to be served; that- tbe action in…
1Opinion of the Court
Cassoday, O. J.
Pursuant to the command of the statute the garnishee summons requiring the railway company “to. answer touching” its “liability” to the principal debtor, Max Numberg, “as garnishee,” was made returnable “on the return day of such summons” in the principal action of PoajIÍ-against Numberg. Sec. 3716, Stats. 1898. The statute also *69required the officer serving the garnishee summons to “return the same, with the affidavit, to the justice at the same time” that he made “return of the summons” in the principal action, and to “state in his return the day service was made on the…
2Cases cited5 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Edler v. HascheWisconsin Supreme Court · 1887
- State ex rel. Weber v. CordesWisconsin Supreme Court · 1894
- McCormick Harvesting Machine Co. v. JamesWisconsin Supreme Court · 1893
- Eastlund v. ArmstrongWisconsin Supreme Court · 1903
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- Mahrle v. EngleWisconsin Supreme Court · 1952
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