Charles Baumbach Co. v. Hobkirk
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge-county: James J. Dice, Circuit Judge. This is a garnishment proceeding. The plaintiff sued one Robert Hobkirk upon a claim of $405.65, and at the same-time garnished the respondents herein.
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Appeal from a judgment of the circuit court for Dodge-county: James J. Dice, Circuit Judge. This is a garnishment proceeding. The plaintiff sued one Robert Hobkirk upon a claim of $405.65, and at the same-time garnished the respondents herein. The respondents answered to the affidavit of garnishment, stating, in effect, •that the main defendant, Robert Hobkirk, on the 7th of June, 1894, was indebted to his father Robert Hobkirk, Sr., in the sum of $2,700, which debt was evidenced by a promissory note for the" said sum, and which note was secured by a chattel mortgage executed by Robert…
1Opinion of the Court
"WiNslow, J.
The fact that the plaintiff was a creditor of the main defendant and had obtained judgment on its claim before trial of the garnishee action was established without dispute. The evidence also showed beyond controversy that there'was an honest debt, amounting to $2,700, owing from the main defendant to the assignor of tho garnishees when the first chattel mortgage was given, and that such debt was thereafter transferred to the garnishees, and remained their . property, save for certain small payments, up to the time of the seizure of the mortgaged property, and the only serious…
2Cases cited2 opinions
- Leonard v. RoganWisconsin Supreme Court · 1866
- Bank of Kaukauna v. JoannesWisconsin Supreme Court · 1898
3Cited by18 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- United States v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1922
- Durr v. WildishWisconsin Supreme Court · 1900
- Taft Parsons, Jr. v. Associated Banc-CorpWisconsin Supreme Court · 2017
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