Carson v. Allen
Wisconsin Supreme Court
ERROR to the District Court for Crawford County. This suit grew out of an attachment sued out by the defendant in error, against one George C. Wales, who was alleged to have departed the territory. The plaintiff in error, who was a partner in business with one Eaton, was summoned as garnishee, and judgment by default was obtained against the defendant Wales.
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ERROR to the District Court for Crawford County. This suit grew out of an attachment sued out by the defendant in error, against one George C. Wales, who was alleged to have departed the territory. The plaintiff in error, who was a partner in business with one Eaton, was summoned as garnishee, and judgment by default was obtained against the defendant Wales. After the plaintiff in error had been summoned, he made a motion to dismiss the proceedings agaiust him and his partner, for several reasons, which was ovei’ruled, after which, the plaintiff in error, on interrogatories being put to him,…
1Opinion of the CourtHubbell, J.
The plaintiff in error was summoned as a garnishee, and appeared and answered that he and his partner, Baton, had given a negotiable promissory note to Wales, the defendant in the attachment suit, which was not then due; that the note had been made negotiable to enable Wales to *460turn it out to Ms creditors, and that no demand of payment had been made of the'makers.
No evidence was given showing that the note, at the time of serving the garnishee process, was owned by Wales, or was in his possession.
To render the garnishee liable, it must appear that he had in his possession “ property, credits…
2Cited by3 opinions
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- State ex rel. Rogers v. Judge of County CourtWisconsin Supreme Court · 1860
- Davis v. PawletteWisconsin Supreme Court · 1854