Putney v. Farnham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. In an attachment suit in justice’s court, brought by Putney against one Corlett, judgment was rendered against the latter for $8.30 damages, and $7.00 costs.
Read the full summary
APPEAL from the Circuit Court for Waukesha County. In an attachment suit in justice’s court, brought by Putney against one Corlett, judgment was rendered against the latter for $8.30 damages, and $7.00 costs. Farnham was garnisheed in said suit, and after he had made answer to the interrogatories put to him before the justice, plaintiff demanded judgment against him, as garnishee, upon his answers, for the full amount of the judgment against Corlett, and for costs of the garnishee suit. Farnham denying such liability, other evidence was introduced, on both sides, and received by the justice;…
1Opinion of the Court
Dixon, C; J.
The question as to the right of trial by jury need not be decided, as the judgment must be reversed on the merits, and that question may not arise again. The court below ruled out all other testimony, and held, on the defendant’s own answer or disclosure as garnishee, that his promise to pay the debts due from Corlett to Eallon and Gallagher was within the statute of frauds and void, and consequently that the payments made by him to them after service of the garnishee summons upon him, were unauthorized, and did not discharge him from *189liability as the garnishee of Corlett. This,…
2Cases cited6 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Barker v. BucklinNew York Supreme Court · 1846
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Dyer v. GibsonWisconsin Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Spann v. Cochran & EwingTexas Supreme Court · 1885
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
40 more not listed; retrieve them via the Exa API.