Legal Opinion

Bank of Commerce v. Fowler

Wisconsin Supreme Court

Decided May 1, 1896PublishedCited by 9 opinions

Appeals from a judgment of the circuit court for Douglas ^county: R. D. Maeshall, Circuit Judge.' A judgment having been rendered in favor of the plaintiff, •the Bank of Commerce, against W. E. Moran, Louis G. Moran, •and George Taylor, for $2,214.40, and execution having been issued thereon, a garnishee action was commenced in which Homer T. Fowler and the Northwestern National Bank were summoned as garnishees of said W. E. Moran, on the ground •that they were indebted to…

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Appeals from a judgment of the circuit court for Douglas ^county: R. D. Maeshall, Circuit Judge.' A judgment having been rendered in favor of the plaintiff, •the Bank of Commerce, against W. E. Moran, Louis G. Moran, •and George Taylor, for $2,214.40, and execution having been issued thereon, a garnishee action was commenced in which Homer T. Fowler and the Northwestern National Bank were summoned as garnishees of said W. E. Moran, on the ground •that they were indebted to or had property belonging to him. The garnishees severally answered, denying such indebtedness, etc., and the plaintiff…

1Opinion of the CourtPifnet, J.

1. The case wholly fails to show any ground upon which the plaintiff could have any relief in respect to the conveyance to Fowler by the judgment debtor, W. E. Moran, and his wife, of their homestead, which they occupied at the time as such. The evidence shows that there was secured to Mrs. Moran, by a contemporaneous written agreement from Fowler, an option to become the purchaser of the premises in case he should offer to sell the same, and also, in case he should make a sale, that the surplus, after the payment of the $2,500 mortgage and the indebtedness of $1,396.09 to the bank, should…

2Cases cited5 opinions

  1. Dreutzer v. BellWisconsin Supreme Court · 1860
  2. Ferguson v. HillmanWisconsin Supreme Court · 1882
  3. Pike v. MilesWisconsin Supreme Court · 1868
  4. Rozek v. RedzinskiWisconsin Supreme Court · 1894
  5. Hibben v. SoyerWisconsin Supreme Court · 1873

3Cited by9 opinions

  1. Share v. TrickleWisconsin Supreme Court · 1924
  2. In re FriedmanDistrict Court, E.D. Wisconsin · 1908
  3. McGhee v. LeitnerDistrict Court, W.D. Wisconsin · 1941
  4. Baldwin v. FrisbieWisconsin Supreme Court · 1916
  5. McGovern V. Milwaukee Motor Co.Wisconsin Supreme Court · 1910

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