Bushnell v. Joseph Allen & Bro.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Grant County. One Wells brought bis action on contract against one Williams, before Charles E. Stehl, Esq., a justice of the peace. Wells presented to the officer having the summons for service, an affidavit that “ John Allen da Bros.” were indebted to Williams, and demanded that they be summoned as garnishees.
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APPEAL from tbe Circuit Court for Grant County. One Wells brought bis action on contract against one Williams, before Charles E. Stehl, Esq., a justice of the peace. Wells presented to the officer having the summons for service, an affidavit that “ John Allen da Bros.” were indebted to Williams, and demanded that they be summoned as garnishees. The officer thereupon issued a garnishee summons, directed “To John Allen da Bro., and John Williams, said defendants,” returnable February 15, 1878, at 10 o’clock A. M., at which time the original summons was also returnable. The officer made return,…
1Opinion of the Court
Ltost, J.,
It is obvious from the foregoing statement of the case, that if the judgment rendered against the defendants in the garnishment proceedings is valid, it is a perfect protection to the defendants, and there can'be no recovery in this action. Otherwise, the plaintiffs may recover. Ve are to determine, therefore, whether any of the objections urged against the validity of that judgment are well taken. For the purposes of the case, it is assumed that Justice Fisher made no entry in his docket of the garnishment proceedings before February 23d — the date of the judgment.
1. Is the failure…
2Cases cited2 opinions
- Pierce v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Johann v. RufenerWisconsin Supreme Court · 1873
3Cited by3 opinions
- Bristol v. BrentUtah Supreme Court · 1909
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Duffy v. Morrissey, New York County Courts1913