Stadler v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: Chas. Y. BaRdeeN, Circuit Judge. This action involves less than $100, and comes here upon certificate of the circuit judge.
Read the full summary
Appeal from a judgment of the circuit court for Marathon county: Chas. Y. BaRdeeN, Circuit Judge. This action involves less than $100, and comes here upon certificate of the circuit judge. The facts certified are in substance as follows: Stadler had a valid judgment against Smith for $12.50, and issued execution thereon, and commenced garnishee proceedings .under sec. 2753, R. S. 1878. Both Smith and the garnishee defendant, Grout, answered in the garnishee action, alleging that on the 23d of October, 1896, the defendant Smith and one Sennott each deposited $100 with Grout, as stakeholder, on…
1Opinion of the CourtWinslow, J.
If the garnishee was liable at all, it was because he had some of Smith’s money in his hands or was indebted to Smith. R. S. 1878, sec. 2768. When the plaintiff had shown that there was money in the garnishee’s hands which Smith had placed there, and which the garnishee did not himself claim to own, he rested his case, and strenuously objected to any proof tending to show that the money, though deposited by Smith, in fact belonged to Milroy, because he says the garnishee cannot prove an illegal transaction as a foundation for a defense.
The objection was properly overruled. The plaintiff stood…
2Cases cited1 opinion
- Harnden v. MelbyWisconsin Supreme Court · 1895