Wood v. Wall
Wisconsin Supreme Court
APPEAL from the County Court of Milwaulcee County. Wood, having issued executions against Shattuck, caused Wall to be summoned as garnishee under chap. 249, Laws of 1862. Wall answered, that, at the time he was served with the notice, he had no property, goods, effects or credits in his possession belonging to Shattuck.
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APPEAL from the County Court of Milwaulcee County. Wood, having issued executions against Shattuck, caused Wall to be summoned as garnishee under chap. 249, Laws of 1862. Wall answered, that, at the time he was served with the notice, he had no property, goods, effects or credits in his possession belonging to Shattuck. Being asked what dealings had taken place between himself and Shattuck prior to the service of the notice, he stated that he was an auctioneer, in the habit of making advances upon goods placed in his Rands to be sold ; that, at the request of Sh.attu.cfc, he made an…
1Opinion of the CourtCole, J.
We think the court erred in rendering judgment against the garnishee. His answer shows that he was neither indebted to the judgment debtor, *649nor Rad Re any property in Ms hands belonging to snch judgment debtor at the time notice to appear and answer was served upon him. His answer upon these points is so full and satisfactory, that it is difficult to see how any doubt could arise as to his exemption from liability. It appears that he had made an advance to Shattuck of $600, giving his check for that amount, and had accepted an order in favor of Bradford & Stark for $72, upon which he was to…
2Cited by2 opinions
- McCallum v. MorrisSupreme Court of Pennsylvania · 1897
- Singer v. TownsendWisconsin Supreme Court · 1881