Russell v. Ralph
Wisconsin Supreme Court
APPEAL from, the County Court of Winnebago County. This was a proceeding in garnishment in justice’s court, commenced before judgment against the principal debtor, and tried after the entry of such judgment.
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APPEAL from, the County Court of Winnebago County. This was a proceeding in garnishment in justice’s court, commenced before judgment against the principal debtor, and tried after the entry of such judgment. The affidavit for garnishment, omitting the formal parts and signature, was as follows: “ R. O. Bussell, being duly sworn, deposes and says: That he is the above named plaintiff, and makes this affidavit in his own behalf; that the above entitled action has been commenced and is now pending, and is an action to recover damages founded upon an express contract; that this affiant verily…
1Opinion of the CourtCassoday, J.
The statutes require that an affidavit of garnishment in a justice’s court shall, among other things, state “ that the affiant has good reason to believe that some person (naming him) is indebted to the defendant, or has personal property in his possession or under his control, belonging to the defendant — or, when there is more than one defendant, *330to any or either of them,— not by law efempt from sale on execution,” etc. Section 3716, R. S. Of course, such affidavit must substantially comply with this statutory requirement, or the justice acquires no jurisdiction of the subject matter of the…
2Cases cited10 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Miller v. MunsonWisconsin Supreme Court · 1874
- Klenk v. SchwalmWisconsin Supreme Court · 1865
- Orton v. NoonanWisconsin Supreme Court · 1871
- Everdell v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1877
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3Cited by6 opinions
- Town of Checotah v. Town of EufaulaSupreme Court of Oklahoma · 1911
- Gregg v. SigurdsonMontana Supreme Court · 1923
- Duvall v. Wabash Ry. Co.District Court, W.D. Missouri · 1923
- Dawley v. SherwinSouth Dakota Supreme Court · 1894
- Johnson v. EmeryUtah Supreme Court · 1906
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