Roberts v. Saukville Canning Co.

The case is an appeal from a summary judgment dismissing a garnishee action. The plaintiff seeks to sustain the garnishment as ancillary to an action brought to foreclose a real-estate mortgage, complaint in which demanded a deficiency judgment. There has been no sale of the mortgaged property in the foreclosure suit.

The plaintiff subsequent to' commencement of the foreclosure action commenced an action on the note secured by the mortgage, and the garnishment action was brought in aid of that action. The only summons for garnishment is sued was issued in that action. That action was dismissed…