Warder v. Baker
Wisconsin Supreme Court
APPEAL from the Circuit- Court for Bane County. The case is thus stated by Mr. Justice Taxloe: “The plaintiffs obtained judgment against the appellants-Taylor dk Taylor, and also against Lewis Baiter as. garnishee;. Baher was summoned as garnishee before judgment was obtained in the action against the Taylors. The issue between the plaintiffs and the garnishee was tried by a jury.
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APPEAL from the Circuit- Court for Bane County. The case is thus stated by Mr. Justice Taxloe: “The plaintiffs obtained judgment against the appellants-Taylor dk Taylor, and also against Lewis Baiter as. garnishee;. Baher was summoned as garnishee before judgment was obtained in the action against the Taylors. The issue between the plaintiffs and the garnishee was tried by a jury. Among other things the learned circuit judge instructed the jury as follows: £If you find that the witness Ellsworth informed de-fendaij/t Baher that he was the agent of the plaintiffs in this-action, and that he…
1Opinion of the CourtTaylor, J.
The instruction above recited was duly excepted to, and is alleged as error, and relied upon by the learned counsel for the appellants as a ground for reversing the judgment. Many other errors are assigned by the counsel for the appellants; but, as we have concluded that the judgment must be reversed on account of the error in this instruction, we do not think it necessary to pass upon the other assignments of error. We think the instruction given by the learned circuit judge, above quoted, that the facts therein stated, if found in favor of the plaintiffs, would estop the garnishee crom…
2Cases cited16 opinions
- Day v. ElmoreWisconsin Supreme Court · 1856
- Cheney v. CookWisconsin Supreme Court · 1859
- Morgan v. NunesMississippi Supreme Court · 1877
- Warder v. BaldwinWisconsin Supreme Court · 1881
- Ford v. SmithWisconsin Supreme Court · 1870
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ford v. Aetna Life Insurance Co. of HartfordWashington Supreme Court · 1912
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- Hustad v. ReedMontana Supreme Court · 1958
- Stein v. McAuleySupreme Court of Iowa · 1910
- Carey v. DyerWisconsin Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.