J. I. Case Threshing Machine Co. v. Miracle
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Garnishment, in aid of an execution issued on a judgment recovered by the plaintiff company against Charles Miracle. The defendant, the executor of the estate of Joseph Miracle, was summoned, soon after he had qualified as such executor, and before the expiration of the time fixed by the proper coun ty court for presentation of claims against the estate of the testator.
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APPEAL from the Circuit Court for Winnebago County. Garnishment, in aid of an execution issued on a judgment recovered by the plaintiff company against Charles Miracle. The defendant, the executor of the estate of Joseph Miracle, was summoned, soon after he had qualified as such executor, and before the expiration of the time fixed by the proper coun ty court for presentation of claims against the estate of the testator. The testator by his will bequeathed $100 to Charles Miracle, the execution debtor. When the executor was summoned as garnishee, he had several thousands of dollars in his…
1Opinion of the CourtLyon, J.
The precise question presented by this appeal may be thus stated: Can a legacy to a judgment debtor be reached by garnishee process against the executor, issued and served before the final order of distribution; the trial of an issue taken upon the answer of the garnishee having been had after such order was made directing the executor to pay such legacy to the judgment debtor? The authorities are almost unifoYm that an executor or administrator is not liable to garnishee or trustee process before a final order for the distribution of the estate is made, unless he is rendered so liable by *299some…
2Cases cited4 opinions
- Burnham v. City of Fond du LacWisconsin Supreme Court · 1862
- Buffham v. City of RacineWisconsin Supreme Court · 1870
- Hill v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
- Stratton v. HamIndiana Supreme Court · 1856
3Cited by15 opinions
- Woodbine Savings Bank v. YagerSouth Dakota Supreme Court · 1932
- Nelson v. StullSupreme Court of Kansas · 1902
- Williams v. SmithWisconsin Supreme Court · 1903
- Evans v. RectorWisconsin Supreme Court · 1900
- Howard v. Landsberg's CommitteeSupreme Court of Virginia · 1908
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