Legal Opinion

Williams v. Brechler

Wisconsin Supreme Court

Decided December 3, 1889Published

APPEAL from the Oirouit Court for Grcmt County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This action was commenced in a justice’s court by the respondent against Louis Briel, and the Brechlers, the appellants, were summoned in said action as garnishees of said Briel. The Brechlers appeared in the justice’s court as garnishees, and answered.

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APPEAL from the Oirouit Court for Grcmt County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This action was commenced in a justice’s court by the respondent against Louis Briel, and the Brechlers, the appellants, were summoned in said action as garnishees of said Briel. The Brechlers appeared in the justice’s court as garnishees, and answered. The plaintiff, Williams, took issue upon their answer, and the case between the plaintiff and the garnishees was tried in said justice’s court; and on the 23d day of November, 1888, the justice made…

1Opinion of the CourtTaylor, J.

It is claimed by the learned counsel for the appellants that theji" had the right to appeal from the order made by the justice, under sec. 3725, R. S., before any judgment was entered on such order as provided in sec. 3726, R. S. In this we think he is mistaken. The order directing the garnishees to pay the money into court within ten days, made under sec. 3725, can only be enforced by an entry of judgment as prescribed in sec. 3726. It is no more a judgment from which an appeal can be taken than is a verdict of a jury assessing the plaintiff’s damages, or a finding of a court fixing the…

2Cases cited1 opinion

  1. Eilers v. WoodWisconsin Supreme Court · 1885

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