Maxwell v. Bank of New Richmond
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Oroix county OE. G. SiebeoKER, Judge. Action for money bad and received, based on the following facts: Hicks, an insolvent merchant, mortgaged his stock in trade to one Simonton as trustee to secure debts due to-certain of his creditors, including defendant.
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Appeal from a judgment of the circuit court for St. Oroix county OE. G. SiebeoKER, Judge. Action for money bad and received, based on the following facts: Hicks, an insolvent merchant, mortgaged his stock in trade to one Simonton as trustee to secure debts due to-certain of his creditors, including defendant. Simonton took possession of the mortgaged property, and subsequently plaintiffs brought suit against Hicks to recover an indebtedness due from him to them, and garnished Simonton, claiming the mortgage to him to be void as to creditors of Hicks. Simonton answered stating the facts in…
1Opinion of the CourtMaeshall, J.
The judgment appealed from must be reversed, for two’reasons: First, the election to take judgment against the garnishee for the amount of plaintiffs’ claim precluded them from subsequently following the property or the proceeds thereof; and second, the equitable lien in the garnishee proceedings not being continued in any way pending the appeal, or the judgment appealed from stayed, or the garnishee restrained from executing such judgment, it protected the garnishee defendant as to anything he did pursuant thereto before it was reversed.
Time, the service of the garnishee process operated as…
2Cases cited7 opinions
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Bank of Lodi v. Washburn Electric Light & Power Co.Wisconsin Supreme Court · 1898
- Globe Milling Co. v. BoyntonWisconsin Supreme Court · 1894
- Malley v. AltmanWisconsin Supreme Court · 1861
- Sweet, Dempster & Co. v. OliverSupreme Court of Iowa · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Florida East Coast Railway Co. v. Consolidated Engineering Co.Supreme Court of Florida · 1928
- State ex rel. Bank of Herrick v. Circuit Court of Gregory CountySouth Dakota Supreme Court · 1913
- Barr v. WarnerOregon Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.