Legal Opinion

Brauser v. New England Fire Insurance

Wisconsin Supreme Court

Decided January 15, 1867PublishedCited by 11 opinions

APPEAL from tbe Circuit Court for Racine County. In an action in said court against one Erahm, in which an attachment was issued against him, plaintiff made an affidavit that he believed the New England Fire Inswance Company, of Hartford, Ct., was indebted to Erahm, and procured service of said affidavit and a notice in garnishment addressed to J. B. Rowley, as agent of said company, notifying bim to appear &c., to answer under oatb all snob questions as should be put to bim…

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APPEAL from tbe Circuit Court for Racine County. In an action in said court against one Erahm, in which an attachment was issued against him, plaintiff made an affidavit that he believed the New England Fire Inswance Company, of Hartford, Ct., was indebted to Erahm, and procured service of said affidavit and a notice in garnishment addressed to J. B. Rowley, as agent of said company, notifying bim to appear &c., to answer under oatb all snob questions as should be put to bim touching'his liabilities as garnishee of said Frahm. The •sheriffs return states that he served said notice and…

1Opinion of the CourtDixon, C. J.

The language of the statute (sec. 46, ch. 130, R. S.) is sufficiently comprehensive to include foreign corporations, and to subject them to process of garnishment, in all cases where an original action may be commenced against them in the courts of this state to recover the debt in respect of which the process of garnishment is served; and we think the statute should be so construed, unless it can be satisfactorily established that the legislature did not intend a construction so obviously in harmony with the language employed. Actions against foreign, corporations may be commenced in the…

2Cases cited1 opinion

  1. McAllister v. Pennsylvania Insurance Co. of PittsburghSupreme Court of Missouri · 1859

3Cited by11 opinions

  1. Mahany v. KephartWest Virginia Supreme Court · 1879
  2. Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
  3. Renier v. HurlbutWisconsin Supreme Court · 1891
  4. Young v. Juneau CountyWisconsin Supreme Court · 1927
  5. Roche v. Rhode Island InsuranceAppellate Court of Illinois · 1878

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