Watkins v. Blatschinski
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. In proceedings supplementary to execution against the defendant, a court commissioner made an order directing one Joseph Klaat to pay over to plaintiff’s 'attorney a sum of money to be applied in satisfaction of the judgment. The order recited that no one had appeared to oppose the same, and that it appeared, from evidence taken, that Klaat was indebted to defendant in the sum ordered to be paid.
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APPEAL from the Circuit Court for Milwaukee County. In proceedings supplementary to execution against the defendant, a court commissioner made an order directing one Joseph Klaat to pay over to plaintiff’s 'attorney a sum of money to be applied in satisfaction of the judgment. The order recited that no one had appeared to oppose the same, and that it appeared, from evidence taken, that Klaat was indebted to defendant in the sum ordered to be paid. Defendant moved the circuit court to vacate such order, upon the record of the commissioner’s proceedings, and his own affidavit. The latter…
1Opinion of the CourtCole, J.
It satisfactorily ajspears from the disclosures made in the garnishee proceeding, that the money in the hands of the garnishee, Klaat, was a part of the consideration money of the homestead which he had purchased of the judgment debtor; and the judgment debtor states in his affidavit that he intended to use this money for the purpose of buying another homestead; and this fact is not controverted. The question presented therefore is, whether the proceeds of the homestead, which in good faith are intended by the debtor to be used and applied in the purchase of another homestead, can be…
2Cases cited2 opinions
- Jarvais v. MoeWisconsin Supreme Court · 1875
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