Legal Opinion

Davis v. Pawlette

Wisconsin Supreme Court

Decided June 15, 1854PublishedCited by 6 opinions

It appears from tlie bill of exceptions that a writ of attachment was issued out of the Milwaukee County Court, on the 11th day of May 1853, at the suit of William Pawlette against John Davis. The sheriff' made return to the writ that he could, not attach and get possession of any property of the said John Davis, but that he had garnisheed the said Richard Gf. Owens and Rebecca Davis.

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It appears from tlie bill of exceptions that a writ of attachment was issued out of the Milwaukee County Court, on the 11th day of May 1853, at the suit of William Pawlette against John Davis. The sheriff' made return to the writ that he could, not attach and get possession of any property of the said John Davis, but that he had garnisheed the said Richard Gf. Owens and Rebecca Davis. On the 9th of July, 1853, the said garnishees appeared in open court, and on motion of the plaintiff below, were severally sworn to make true answers touching their indebtedness, Rebecca Davis answered that she…

1Opinion of the Court

By the Court,

Crawford, J.

The principal question in this case is, whether upon the answers of the garnishees, they are liable, jointly or severally to the plaintiff!

It appears that the garnishee, Owens, became indebted to the defendant in the action, John Davis, tor the purchase of certain property, and that he gave Davis his promissory note, payable to John Daxm or order, for the sum of $2150, which with another note for $200, payable to Rebecca Davis, and other payments amounted to the indebtedness. The note for $2150 was endorsed to the garnishee Rebecca Davis, and when it became due, she…

2Cases cited4 opinions

  1. Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
  2. Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
  3. Eunson v. HealyMassachusetts Supreme Judicial Court · 1806
  4. Carson v. AllenWisconsin Supreme Court · 1850

3Cited by6 opinions

  1. Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
  2. State ex rel. Rogers v. Judge of County CourtWisconsin Supreme Court · 1860
  3. Edney v. WillisNebraska Supreme Court · 1888
  4. Wilson v. MurphySupreme Court of Missouri · 1870
  5. Graham v. ZellersWisconsin Supreme Court · 1931

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