Barber v. Walker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for damages upon an alleged breach of the covenants of a warranty deed executed by the defendant to the plaintiffs, and particularly of the covenant for quiet enjoyment * Pending the action, garnishee proceedings were instituted before a court commissioner against several persons. By an order of the circuit court, these proceedings were “ dissolved, vacated and set aside.”
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APPEAL from the Circuit Court for Milwaukee County. Action for damages upon an alleged breach of the covenants of a warranty deed executed by the defendant to the plaintiffs, and particularly of the covenant for quiet enjoyment * Pending the action, garnishee proceedings were instituted before a court commissioner against several persons. By an order of the circuit court, these proceedings were “ dissolved, vacated and set aside.” From this order the plaintiffs appealed. insisted, among other things, that the present action was founded upon contract, and therefore, although the assessment of…
1Opinion of the CourtPaine, J.
The plaintiffs in this suit instituted proceedings before a court commissioner for the purpose of garnishing parties who were alleged to he indebted to the defendant. While those proceedings were pending, the circuit court intervened, on motion of the defendant, and made an order dissolving, vacating and setting them aside. From that order this appeal is taken.
The motion and order were made upon the papers on file in this action, and also upon the papers on file in the action by the defendant against Harrison, one of the garnishees, which was pending in the same court.
We do not see that any…
2Cited by1 opinion
- Gerovac v. Hribar Trucking, Inc.Wisconsin Supreme Court · 1969