Leeman v. McGrath
Wisconsin Supreme Court
Appeal from a judgment of tire circuit court for Milwaukee county: LawRence W. Halsey, Circuit Judge. This is an action to recover damages for an alleged malicious garnishment of the plaintiff’s wages in the state of Iowa. There is no hill of exceptions.
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Appeal from a judgment of tire circuit court for Milwaukee county: LawRence W. Halsey, Circuit Judge. This is an action to recover damages for an alleged malicious garnishment of the plaintiff’s wages in the state of Iowa. There is no hill of exceptions. The case was tried before a jury, and the following special verdict rendered: “(1) Hid the defendant, being a resident of Milwaukee,. Wisconsin, on or about the 18th day of August, 1892, deliver to the Horthwestem Collection Agency, for collection, a bill against the plaintiff for $15.35 ? A. (by direction of court).. Yes. (2) Did the…
1Opinion of the CourtWiNSlow, J.
Tbe verdict is very plainly insufficient to sustain any judgment in favor of tbe plaintiff. It does not show a cause of action for malicious prosecution, because neither malice nor want of probable cause is found.
Tbe respondent claims that it shows actionable abuse of process, but this claim is equally untenable. It simply shows that, the defendant, honestly believing that the plaintiff owed him a small account, assigned the account to another at some time after August 18, 1892, for the purpose of sending the same to Iowa for collection by garnishment in order to evade the exemption laws of…
2Cases cited2 opinions
- Griggs v. DocterWisconsin Supreme Court · 1895
- Harwell v. Sharp Bros.Supreme Court of Georgia · 1890
3Cited by2 opinions
- Clikos v. LongSupreme Court of Alabama · 1936
- Barlow v. Lincoln-Williams Twist Drill Co.Michigan Supreme Court · 1915