Kuehn v. Neroz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano county: JonN GoodlaNd, Circuit Judge. Garnishee action in aid of an execution issued on a judgment entered in justice’s court in a replevin action. The execution creditor made and delivered to the constable who held the. execntion an affidavit in substantial compliance with the statute for the purpose of having an alleged debtor of the execution debtor duly summoned as garnishee.
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Appeal from a judgment of the circuit court for Shawano county: JonN GoodlaNd, Circuit Judge. Garnishee action in aid of an execution issued on a judgment entered in justice’s court in a replevin action. The execution creditor made and delivered to the constable who held the. execntion an affidavit in substantial compliance with the statute for the purpose of having an alleged debtor of the execution debtor duly summoned as garnishee. A summons was served accordingly on the execution debtor and also on an agent of the garnishee, the latter being a corporation, and the officer not being able…
1Opinion of the CourtMarshall, J.
Counsel present the case as if the proceedings before the justice in the replevin action were a part of the record in the garnishee action as it was closed in the circuit court, and were before us as a part of the judgment roll on this appeal. That is a mistake. The garnishee action *612while incident to, is practically separate from, the replevin action. The pleadings in the former are the affidavit for the issuance of the garnishee summons and the answers thereto. The judgment roll in the circuit court consists of such pleadings, the summons, the order for judgment, and the judgment. There…
2Cases cited2 opinions
- Jos. Schlitz Brewing Co. v. Washburn Brewing Ass'nWisconsin Supreme Court · 1904
- Butler v. GillisWisconsin Supreme Court · 1899
3Cited by1 opinion
- Roys v. CareyCourt of Appeals for the Seventh Circuit · 1916