McDonald v. Vinette
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa, County. October 21, 1881, the plaintiff recovered judgment in the municipal court of Chippewa county against one William Ferguson. May 13, 1882, execution in due form was issued on such judgment by the municipal judge, and placed in the hands of a constable for collection.
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APPEAL from the Circuit Court for Chippewa, County. October 21, 1881, the plaintiff recovered judgment in the municipal court of Chippewa county against one William Ferguson. May 13, 1882, execution in due form was issued on such judgment by the municipal judge, and placed in the hands of a constable for collection. On the same, day (on proper affidavit) the constable' issued a garnishee summons to the respondent, Yinette, returnable before the municipal judge, June 13, 1882, and served the same on him, and also on the execution debtor. The garnishee failed to appear on the return day of such…
1Opinion of the CourtLyoN, J.
The statute under which the garnishee summons was issued (R. S., sec. 3100) is imperative that such summons shall be made returnable on the return day of the execution. The execution was in the form prescribed in secs. 3682 and 3683. It commanded the officer to collect the amount specified in it and return the same to said judge “ within thirty days,” etc. The process was issued and put in the hands of the constable, May 13th. Excluding that day from the computation, and the return, to be within thirty days, must have been made on June 12th, which is the thirtieth and last day allowed. The…
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