Rock v. Collins
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas •county: E. W. Helms, Judge. This is an action of garnishment in aid of execution, commenced November 9,1895. Execution was issued on a judgment in favor of the plaintiff, Boole, and against Jacob E. Erickson, Nettie 0. Erickson, and Michael Collins, as copart-ners.
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Appeal from a judgment of the circuit court for Douglas •county: E. W. Helms, Judge. This is an action of garnishment in aid of execution, commenced November 9,1895. Execution was issued on a judgment in favor of the plaintiff, Boole, and against Jacob E. Erickson, Nettie 0. Erickson, and Michael Collins, as copart-ners. The original garnishee answer was a statutory denial of liability, upon which issue was joined: Upon the trial an amended answer was allowed, also denying liability, but admitting the possession of certain property under a chattel mortgage, and a deed of standing timber,…
1Opinion of the CourtWiNslow, J.
The evidence in this case was voluminous, and it is not deemed necessary to review it in this opinion. It is sufficient to say that there was ample evidence to sustain the findings of the trial court, and hence the questions to be discussed will be simply questions of law.
1. A question of practice is raised. The original answer of the garnishee defendant consisted of a denial of liability under the statute. Upon the trial, and at the close of the plaintiff’s testimony, the garnishee defendant was allowed to interpose an amended answer, against a general objection by the plaintiff, setting…
2Cases cited8 opinions
- Paine v. BentonWisconsin Supreme Court · 1873
- Carey v. DyerWisconsin Supreme Court · 1897
- Weber v. IllingWisconsin Supreme Court · 1886
- Follett v. HeathWisconsin Supreme Court · 1862
- Cribb v. MorseWisconsin Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Petrie v. WymanNorth Dakota Supreme Court · 1916
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- Lierman v. O'HaraWisconsin Supreme Court · 1913
- Bank of California v. Virtue & Scheck, Inc.California Court of Appeal · 1983
- Dunn v. Detroit Savings BankMichigan Supreme Court · 1898
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