Dowling v. Fire Ass'n of Philadelphia
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Eau Claire county: "W. F. Bailey, Circuit Judge. These cases were reported by the judge of the Seventeenth circuit as involving legal questions of such doubt and difficulty as to warrant consideration and decision by this court. The facts involved in each case are substantially the same, except as herein stated.
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Appeals from judgments of the circuit court for Eau Claire county: "W. F. Bailey, Circuit Judge. These cases were reported by the judge of the Seventeenth circuit as involving legal questions of such doubt and difficulty as to warrant consideration and decision by this court. The facts involved in each case are substantially the same, except as herein stated. The several plaintiffs were creditors of Thomas E. Dowling’. Actions were commenced, and the insurance companies summoned as garnishees. Each answered, denying liability. Issue was taken upon such answers. There was no formal…
1Opinion of the CourtBardeen, J.
The question certified by the circuit judge could easily have been answered by him, had he referred to the statute governing costs in garnishee actions, and the decisions of this court. Sec. 2772, R. S. 1878, provides: “In case of a trial of an issue between the plaintiff and any garnishee, costs shall be awarded to the plaintiff and against the garnishee, in addition to his liability, if the plaintiff recover more than the garnishee admitted by his answer; and if he. do not, the garnishee shall recover costs of the plaintiff. In all other cases, under this chapter, not expressly provided…
2Cases cited4 opinions
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
- In re WillWisconsin Supreme Court · 1881
- T. T. Haydock Carriage Co. v. PierWisconsin Supreme Court · 1891
- Baker v. Lancashire InsuranceWisconsin Supreme Court · 1881
3Cited by1 opinion
- Ferguson v. WoodsWisconsin Supreme Court · 1905