Keyes v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff, having recovered a-judgment against the Milwaukee and Minnesota Eailway Company, garnished the Milwaukee and St. Paul Railway Company as baying property of and being indebted to the principal defendant.
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APPEAL from the Circuit Court for Milwaukee County. The plaintiff, having recovered a-judgment against the Milwaukee and Minnesota Eailway Company, garnished the Milwaukee and St. Paul Railway Company as baying property of and being indebted to the principal defendant. Issne was joined and a trial had in the garnishee snit; and it appeared that the garnishee had received from the judgment debtor certain materials, of the value of several thousand dollars, nearly all of which were afterward consumed in building and repairing locomotives, cars, etc. All further facts material to an…
1Opinion of the CourtDixorr, C. J.
■ It is exceedingly doubtful whether the defendant is liable at all to the process of garnishment under the statute, for the property taken and used *693by it under the circumstances disclosed by the evidence. It has been often decided under statutes very similar to our own, that the “property” or “effects” in the “hands or possession” of the garnishee must be personal property in his possession, capable of being seized and sold under execution. It is laid down as a general rule, that the property must be in the actual possession of the garnishee, or within his control, so that he may be able to…
2Cited by4 opinions
- Norden v. JonesWisconsin Supreme Court · 1873
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Johnson v. OlsonSupreme Court of Kansas · 1914
- Peycke Bros. Commission Co. v. Sandstone Co-operative Co.Missouri Court of Appeals · 1917