Wadleigh v. Merkle
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The respondent, who was summoned as garnishee of the defendant Scheiderer, answered alleging that he had no property or. effects of Scheiderer except under and by virtue of an assignment made for the benefit of creditors. The plaintiff took issue upon the answer, and, after hearing the evidence, the court made its findings of fact and conclusions of law and rendered judgment discharging the garnishee.
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APPEAL from the Circuit Court for Milwaukee County. The respondent, who was summoned as garnishee of the defendant Scheiderer, answered alleging that he had no property or. effects of Scheiderer except under and by virtue of an assignment made for the benefit of creditors. The plaintiff took issue upon the answer, and, after hearing the evidence, the court made its findings of fact and conclusions of law and rendered judgment discharging the garnishee. Erom that judgment the plaintiff appealed. Other facts are stated in the opinion.
1Opinion of the CourtTaylor, J.
The respondent garnishee answered that he had in his hands as assignee of the defendant, George P. Scheiderer, a large amount of property, and the court held he was not liable to the appellant as garnishee for the value of the property so held by him. It is admitted that' the assignment was made in pursuance of secs. 1694, 1695, *518and 1696 of the revised statutes, and was regular in all respects, but it was claimed that the assignment became void as to the creditors, because the assignor did not make and file in the office of the clerk a correct inventory of his assets and a list of his…
2Cases cited8 opinions
- Scott v. SeaverWisconsin Supreme Court · 1881
- Rumery v. McCullochWisconsin Supreme Court · 1882
- Klauber v. CharltonWisconsin Supreme Court · 1878
- Churchill v. WhippleWisconsin Supreme Court · 1877
- Ball v. BoweWisconsin Supreme Court · 1880
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3Cited by7 opinions
- Grever v. CulverWisconsin Supreme Court · 1893
- Fuhrman v. JonesWisconsin Supreme Court · 1885
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
- Clark v. LamoreuxWisconsin Supreme Court · 1888
- Hanson v. DunnWisconsin Supreme Court · 1890
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