Graham v. Zellers

The ruling denying the defendant Zellers the right to ask for a dismissal of a garnishment action was based on his failure to have interposed a pleading. It appears without dispute that the instrument on which the proceedings are based and out of which the indebtedness grew was a negotiable note. After the garnishee defendant had served and filed his answer showing liability to be based upon the promissory note, the plaintiff took issue with such answer, and under sec. 267.12, Stats., the issue stood for trial as a civil action, “in which the affidavit on the part of the plaintiff shall be…