Kindinger v. Behnke
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Price comity: John K. Parish, Circuit Judge. Tbe appeal is from a judgment in a garnishment action. Tbe plaintiff began an action against W. A. Behnke and A. L. Behnke, copartners, setting forth a first count or cause of action for tbe reformation of a lease executed by plaintiff to said defendants in which tbe leased property was by mis-tabre incorrectly described.
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Appeal from a judgment of tbe circuit court for Price comity: John K. Parish, Circuit Judge. Tbe appeal is from a judgment in a garnishment action. Tbe plaintiff began an action against W. A. Behnke and A. L. Behnke, copartners, setting forth a first count or cause of action for tbe reformation of a lease executed by plaintiff to said defendants in which tbe leased property was by mis-tabre incorrectly described. Por a second cause of action averring that tbe plaintiff was tbe owner of certain real estate consisting of a piece of land, a sawmill, and machinery and tools, which be leased to…
1Opinion of the CourtTramar, J.
While the action above mentioned was pending the plaintiff therein, respondent here, upon proper affidavits caused summons in garnishment to be issued against several persons alleged to be indebted, etc., to the defendants. These persons each answered admitting an indebtedness to the defendants W. A. Behnke and A. L. Behnke, but alleging fur*560ther that one Albert Behnke claimed to be tbe owner of the demands against them. By due proceedings thereafter Albert BehrUce was allowed to intervene as such claimant and served what he called an answer, claiming to own the demands. The plaintiff did not…
2Cases cited5 opinions
- Johnston v. Charles Abresch Co.Wisconsin Supreme Court · 1904
- Fire Department of Oshkosh v. TuttleWisconsin Supreme Court · 1880
- Boehrer v. Juergens & Anderson Co.Wisconsin Supreme Court · 1907
- First Nat. Bank v. Van VoorisSouth Dakota Supreme Court · 1895
- W. H. Kiblinger Co. v. Sauk BankWisconsin Supreme Court · 1907
3Cited by1 opinion
- Gerovac v. Hribar Trucking, Inc.Wisconsin Supreme Court · 1969