Bishop v. Young
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. On the 21st of December, 1859, Bishop commenced an action in said circuit court against one Grant, and caused a writ of attachment to be issued against bis property. On tbe 80th of tbe same month, Young was summoned, as garnishee of said Grant, to appear before a court commissioner on tbe 5th of January following, and answer touching bis liability as such garnishee.
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APPEAL from tbe Circuit Court for Milwaukee County. On the 21st of December, 1859, Bishop commenced an action in said circuit court against one Grant, and caused a writ of attachment to be issued against bis property. On tbe 80th of tbe same month, Young was summoned, as garnishee of said Grant, to appear before a court commissioner on tbe 5th of January following, and answer touching bis liability as such garnishee. On bis examination be answered in substance as follows: “ In July, 1859, Grant contracted to build for me a block on certain lots in Milwaukee, to be completed on tbe 1st of…
1Opinion of the Court
By the Court,
Cole, J.
Upon the facts disclosed in this case, we do not think the garnishee was liable. Grant had not performed his contract at the time of service of process, and consequently it was impossible to say how much would be due him. It appears that he had been paid all that he was entitled to on the contract, if not more. Whether he would be entitled to anything further depended upon the time and manner of his completing the building. If he did not finish the stores and offices by the first of January, 1860, he was to pay Young such sum as the latter might have leased them for;…
2Cases cited1 opinion
- Kettle v. HarveySupreme Court of Vermont · 1849
3Cited by4 opinions
- Ryan & Walsh v. Douglas CountyNebraska Supreme Court · 1896
- In Re Will of LammSupreme Court of Iowa · 1961
- McCormick v. Dumbarton Realty Co.Supreme Court of Iowa · 1912
- Mundt v. ShabowWisconsin Supreme Court · 1904