First National Bank of Dubuque v. Baker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oraioford County. The action was commenced against J. L. Nowlin and W. H. Eobison, who constituted the firm of J. L. Nowlin & Co.; and O. W. Baker was summoned as garnishee. The garnishee answered, denying all liability as such, and justifying his possession of certain property of defendants under and by virtue of an assignment thereof to him for the benefit of their creditors.
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APPEAL from the Circuit Court for Oraioford County. The action was commenced against J. L. Nowlin and W. H. Eobison, who constituted the firm of J. L. Nowlin & Co.; and O. W. Baker was summoned as garnishee. The garnishee answered, denying all liability as such, and justifying his possession of certain property of defendants under and by virtue of an assignment thereof to him for the benefit of their creditors. The answer of the garnishee further alleged that certain railroad ties in his possession, of the value of §400, were exempt from execution as the stock in trade of the said defendants.…
1Opinion of the Court
Cole, O. J.
The garnishee claims the property m controversy as assignee under an assignment made by J. L. Nowlin & Co., bearing date August 3, 1885. It is insisted that this assignment is void for various reasons.
First, it is said it purports to give preferences to the claims of employees for wages earned within six months prior to the assignment, which is not permitted since the enactment of ch. 48, Laws of 1885. Ch. 349, Laws of 1883, expressly authorizes preferences for 'the wages of laborers and employees earned within six months prior to the making of such assignment; but it is said this…
2Cases cited2 opinions
- Russell v. LennonWisconsin Supreme Court · 1876
- First National Bank of Madison v. HackettWisconsin Supreme Court · 1884
3Cited by6 opinions
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Hurley Water Co. v. Town of VaughnWisconsin Supreme Court · 1902
- Lowenstein v. FinneySupreme Court of Arkansas · 1891
- Bong v. ParmentierWisconsin Supreme Court · 1894
- Severson v. PorterWisconsin Supreme Court · 1888
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