Kuntz v. Kinney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Garnishee proceedings were instituted against Hamilton and another in a municipal court, and it was shown that the garnishees were indebted to the principal debtor, Kinney, in the sum of $19.93, for six days’ work of himself and team. Kinney appeared, and claimed in writing that the whole of. said sum was exempt.
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APPEAL from the Circuit Court for Fond du Lac County. Garnishee proceedings were instituted against Hamilton and another in a municipal court, and it was shown that the garnishees were indebted to the principal debtor, Kinney, in the sum of $19.93, for six days’ work of himself and team. Kinney appeared, and claimed in writing that the whole of. said sum was exempt. The municipal judge found Kinney’s wages for his own work to be worth $1.50 per day, making $9 for the six days, which was allowed as exempt, and found that the balance of $10.93 was not exempt from execution, and rendered…
1Opinion of the CourtCole, J.
The objection that the circuit court did not acquire jurisdiction of the garnishee suit by the appeal which was taken, cannot prevail. The defendant in the main suit appeared in the municipal court in the garnishee proceeding, and gave notice in writing that he claimed the moneys mentioned in the plaintiff’s affidavit, as exempt, because he was a married man and had to provide for the entire support of a family, and that such moneys were earnings due him from the garnishees for labor performed within sixty days. In other words, the principal debtor becomes a party to the garnishee proceeding,…
2Cited by8 opinions
- Russell v. LennonWisconsin Supreme Court · 1876
- Butner v. BowserIndiana Supreme Court · 1885
- Campfield v. LangU.S. Circuit Court for the District of Eastern Wisconsin · 1885
- Puget Sound Dressed Beef & Packing Co. v. JeffsWashington Supreme Court · 1895
- Commercial National Bank of Chicago v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1878
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