Burlander v. Milwaukee & St. Paul R. R.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Burlander obtained judgment before a justice of the peace, in June, 1868, against McKenzie, having also summoned as garnishee the Milwaukee $• St. Paul Railway Company, which answered that it was indebted to McKenzie, as an employee, in the sum of $48.07, wages for the month of May and part of the month of June, payable monthly.
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APPEAL from the County Court of Milwaukee County. Burlander obtained judgment before a justice of the peace, in June, 1868, against McKenzie, having also summoned as garnishee the Milwaukee $• St. Paul Railway Company, which answered that it was indebted to McKenzie, as an employee, in the sum of $48.07, wages for the month of May and part of the month of June, payable monthly. It was admitted that McKenzie was not a married person, or a person who had to provide for the entire support of a family in the state of Wisconsin. The justice declared that the wages were not liable to garnishment.…
1Opinion of the CourtPaine, J.
The single question presented in this case is, whether section 40, chap. 79, R. S., has been repealed by subsequent legislation. That section exempted the wages of the employees of railroad companies, and their contractors, from the process of garnishment, unless as much as two months’ wages were due. During the same session of the legislature, by chap. 148, Laws of 1858, found also in the Revised Statutes, p. 799, the exemption was made general as to the wages of all persons. This, we think, repealed the former provision, not because it was inconsistent with it, hut because it was a revision…
2Cited by4 opinions
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