Sutro v. Bigelow
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action upon an undertaking entered into in a gamjshee proceeding to procure the discharge of the garnishees from liability, under sec. 2, ch. 58, Laws of 1869. The plaintiffs appealed from an order sustaining a' demurrer to the complaint as not stating a cause of action.
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APPEAL from the Circuit Court for Milwaukee County. Action upon an undertaking entered into in a gamjshee proceeding to procure the discharge of the garnishees from liability, under sec. 2, ch. 58, Laws of 1869. The plaintiffs appealed from an order sustaining a' demurrer to the complaint as not stating a cause of action. The facts set up in the complaint will sufficiently appear from the opinion. as to the proper construction of the undertaking sued upon, cited Van Dyke v. Weil, 18 Wis., 277. 1. The complaint contains no allegation that defendants executed the instrument. This is not a case…
1Opinion of the Court
Dixon, O. J.
Action by tbe plaintiffs against tbe defendants upon an undertaking entered into by tbe latter in pursuance of tbe statute (Laws of 1869, cb. 53, sec. 2; 2 Tay. Stats., 1485, § 68), to procure tbe discharge of certain garnishees in an action in which tbe present plaintiffs were* plaintiffs and one R. J. Trumble and one John W. Tierney were defendants. The complaint alleges that two insurance companies bad been garnisheed as being tbe debtors of or having money in their bands belonging to the defendant Trumble in that action, and that thereupon “ said Trumble, for the purpose of…
2Cases cited1 opinion
- Vandyke v. WeilWisconsin Supreme Court · 1864
3Cited by4 opinions
- Larson v. HansonNorth Dakota Supreme Court · 1913
- Day v. McPheeSupreme Court of Colorado · 1907
- Ingersoll v. SeatoftWisconsin Supreme Court · 1899
- Jayne's ex'r'x v. PlattOhio Supreme Court · 1890