Crerar v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Grosse County. On May 20, 1872, the plaintiffs recovered judgment in- the circuit court for La Crosse county, against the Southern Minnesota Railroad Company, for $15,159.58. A transcript of the judgment was docketed in Milwaukee county, and on October 26,1872, an execution was issued thereon to the sheriff of that county. On the same day the Milwaukee & Rt. Paul Railway Company was summoned as garnishee.
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APPEAL from the Circuit Court for La Grosse County. On May 20, 1872, the plaintiffs recovered judgment in- the circuit court for La Crosse county, against the Southern Minnesota Railroad Company, for $15,159.58. A transcript of the judgment was docketed in Milwaukee county, and on October 26,1872, an execution was issued thereon to the sheriff of that county. On the same day the Milwaukee & Rt. Paul Railway Company was summoned as garnishee. The company appeared before the court commissioner, by its officers, who testified, in substance, that the garnishee was not indebted to the principal…
1Opinion of the CourtDixon, C. J.
The power of amendment is very broad, the statute declaring that “ the court may, before or after judgment, in furtherance of justice, and upon such terms as may be proper, amend any pleading or proceedings * * * by inserting other allegations material to the case,” etc. R. S., ch. 125, sec. 37; 2 Tay. Stats., 1446, § 41.
It was held in Malley v. Altman, 14 Wis., 22, that a proceeding against a garnishee is to all intents an action. If the means provided by law, and the steps to be taken to obtain judgment against a garnishee, be not an action, then they must at all events be proceedings in a…
2Cases cited3 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- Malley v. AltmanWisconsin Supreme Court · 1861
- Platt v. Sauk County BankWisconsin Supreme Court · 1863
3Cited by6 opinions
- Barker v. FosterSupreme Court of Minnesota · 1882
- Brewster v. CarmichaelWisconsin Supreme Court · 1876
- McCarville v. BoyleWisconsin Supreme Court · 1895
- Purtell v. Chicago Forge & Bolt Co.Wisconsin Supreme Court · 1889
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
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