Balliet v. Scott
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. Balliet, having obtained a judgment against Doton and Bennett, instituted garnishee proceedings against Scott, the first garnishee process being served on the 26th of June, 1871. Scott, a railroad contractor, entered into a contract with Doton and Bennett, whereby the latter agreed to construct a certain portion of a railway.
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APPEAL from tbe Circuit Court for Outagamie County. Balliet, having obtained a judgment against Doton and Bennett, instituted garnishee proceedings against Scott, the first garnishee process being served on the 26th of June, 1871. Scott, a railroad contractor, entered into a contract with Doton and Bennett, whereby the latter agreed to construct a certain portion of a railway. The only portion of the contract material to an understanding of the opinion is the following: “ It is further agreed mutually between said parties, that said first party [jScoíí], whenever in his opinion it may be…
1Opinion of the CourtDixoN, C. J.
The testimony taken on the trial, and preserved and reported in fall in the bill of exceptions, very clearly shows that on the day the defendant was served with garnishee process, he was not indebted to the judgment debtors, Doton & Bennett. There was at that time a balance unpaid on the contract, but not sufficient to pay the wages of the laborers for which the defendant had already become legally bound and holden. The estimates showing the amount of work done by Doton & Bennett under the contract in the months of April, May and June, were as follows: April, $3,081.06; May, $8,027.94; June,…
2Cases cited1 opinion
- Putney v. FarnhamWisconsin Supreme Court · 1870
3Cited by5 opinions
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