Steen v. Norton
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lao County. Plaintiff, baying commenced an action in a justice’s court against one Proctor, delivered to a constable an affidavit stating that be bad good reason to believe that E. D. Norton had money, effects and credits in bis possession belonging to Proctor and was indebted to Proctor; and, upon plaintiff’s demand, the constable summoned Norton as garnishee in said action.
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APPEAL from the County Court of Fond du Lao County. Plaintiff, baying commenced an action in a justice’s court against one Proctor, delivered to a constable an affidavit stating that be bad good reason to believe that E. D. Norton had money, effects and credits in bis possession belonging to Proctor and was indebted to Proctor; and, upon plaintiff’s demand, the constable summoned Norton as garnishee in said action. Norton appeared on the return day of the summons, and answered as garnishee; and judgment was rendered against him by the justice for $21.43 damages, besides costs, from which he…
1Opinion of the CourtRyaN, C. J.
The affidavit on which the garnishment of the respondent before the justice of the peace was founded, is fatally defective, in omitting to state that the money, effects *413and credits of the principal debtor in the garnishee’s possession are not exempt. The statute makes the statement essential, and it is issuable. Winterfield v. Railway Co., 29 Wis., 589. The justice cannot be presumed to have gone, in his inquiry, beyond the facts stated in the affidavit, which stands for a complaint. Non constat that he might not give judgment against the garnishee for moneys or -credits of the principal…
2Cases cited6 opinions
- Lowe v. StringhamWisconsin Supreme Court · 1861
- Ruthe v. Green Bay & Minnesota RailroadWisconsin Supreme Court · 1875
- Winterfield v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1872
- Stibbins v. StibbinsCourt of Appeals of Kentucky · 1858
- C. & T. Schindler v. Smith, Bullins & Co.Supreme Court of Louisiana · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Galloway v. StateWisconsin Supreme Court · 1966
- Phoenix Bridge Co. v. StreetSupreme Court of Oklahoma · 1900
- State National Bank v. LowensteinSupreme Court of Oklahoma · 1915
- Edler v. HascheWisconsin Supreme Court · 1887
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
24 more not listed; retrieve them via the Exa API.