Everdell v. Sheboygan & Fond du Lac Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. The plaintiffs recovered a judgment against the defendant company January 28, 1875, for $-847.98, damages and costs, and issued execution thereon to the sheriff of Fond du Lac county on the 4th of March following. The execution was afterwards returned by the sheriff wholly unsatisfied.
Read the full summary
APPEAL from the Circuit Court for Fond du Lac County. The plaintiffs recovered a judgment against the defendant company January 28, 1875, for $-847.98, damages and costs, and issued execution thereon to the sheriff of Fond du Lac county on the 4th of March following. The execution was afterwards returned by the sheriff wholly unsatisfied. Thereupon the plaintiffs, for the purpose of instituting proceedings under sec. 91, ch. 134, E. S., presented to a court commissioner an affidavit of one of them, stating the above facts, and that only thirteen dollars had been paid on the judgment, and…
1Opinion of the CourtLtoit, J.
The errors assigned on behalf of the appellants will be stated and briefly considered in their order.
“ 1. The affidavit upon which the commissioner’s order was issued, does not show whether the party required to appear had any property of, or was indebted to, the judgment debtor. The language must be positive, showing one or the other.”
The garnishee proceeding against the appellant Ewen is in the nature of an ordinary civil action. The affidavit performs the office of a complaint, in such an action, and should be tested by the same rules, rather than those which are applied to attachments and…
2Cases cited4 opinions
- Miller v. MunsonWisconsin Supreme Court · 1874
- Peet v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Pierce v. Milwaukee Construction Co.Wisconsin Supreme Court · 1875
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1864
3Cited by7 opinions
- Winner v. HoytWisconsin Supreme Court · 1887
- Middleton Paper Co. v. Rock River Paper Co.U.S. Circuit Court for the District of Western Wisconsin · 1884
- Russell v. RalphWisconsin Supreme Court · 1881
- Mayo v. HansenWisconsin Supreme Court · 1896
- Storing v. StutsmanNorth Dakota Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.