Johann v. Rufener
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. While this cause was pending in this court and before it was decided, the plaintiff presented an affidavit to the court setting forth that the 'judgment debtor is a nonresident of this state and is utterly insolvent; that the garnishee is in greatly embarrassed circumstances, and is disposing of his property preparatory to removing from the state; and that he will, unless restrained by the court, take with him the…
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APPEAL from the Circuit Court for Fond du Lac County. While this cause was pending in this court and before it was decided, the plaintiff presented an affidavit to the court setting forth that the 'judgment debtor is a nonresident of this state and is utterly insolvent; that the garnishee is in greatly embarrassed circumstances, and is disposing of his property preparatory to removing from the state; and that he will, unless restrained by the court, take with him the specific money in controversy, and leave the plaintiff remediless. On this affidavit the plaintiff moved for an order…
1Opinion of the CourtLyoN, J.
This proceeding was not instituted to recover a debt owing by the garnishee to the judgment debtor, but to reach specific money, conceded to have been in the hands of the garnishee when he was summoned as such, and which money, it is claimed, belonged to the judgment debtor.
The proofs upon which the order which the garnishee seeks to have vacated, was made, clearly show that he was about to do acts in violation of the plaintiff’s rights respecting the subject of the action, and tending to render ineffectual any judgment which the plaintiff might obtain. As the case then stood it was clearly a…
2Cases cited1 opinion
- Prentiss v. DanaherWisconsin Supreme Court · 1866
3Cited by4 opinions
- Pierce v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Terre Haute & Indianapolis Railroad v. BakerIndiana Supreme Court · 1890
- Bushnell v. Joseph Allen & Bro.Wisconsin Supreme Court · 1880
- Nieuwankamp v. UllmanWisconsin Supreme Court · 1879