Winterfield v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. ' The plaintiff having commenced an action, on a promissory note against one Patterson, before a justice of the peace, caused the defendant, the Railway Company, to be summoned as a garnishee.
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APPEAL from the County Court of Milwaukee County. ' The plaintiff having commenced an action, on a promissory note against one Patterson, before a justice of the peace, caused the defendant, the Railway Company, to be summoned as a garnishee. Tbe affidavit upon wbicb tbe summons to tbe garnishee was issued is in tbe form prescribed by tbe Bevised Statutes, cb. 120, sec. 113, as amended by Laws of 1871, cb. 161, sec. 1. That is to say, it states that tbe garnishee is indebted to Patterson, and that such indebtedness is not exempt from seizure or sale upon attachment or execution. Tbe garnishee…
1Opinion of the CourtLyqN, J.
This appeal presents but a single question, which is, whether a person who has been summoned as a garnishee, may answer that the property of the debtor in his hands, or his indebtedness to such debtor, is exempt by law from seizure on attachment or execution; and, by proving that it is so exempt, defeat the garnishee suit.
We are clearly of the opinion that the garnishee may interpose such defense. The statute makes the affidavit the complaint in the garnishee action, and requires that, among other things, it shall state “that the property, money, credits, effects or indebtedness mentioned…
2Cited by8 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Missouri Pacific Railway Co. v. WhipskerTexas Supreme Court · 1890
- Chicago & Alton Railroad v. RaglandIllinois Supreme Court · 1877
- Hibben v. SoyerWisconsin Supreme Court · 1873
- Mull v. JonesSupreme Court of Kansas · 1885
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