Legal Opinion

Bardon v. McCall

Wisconsin Supreme Court

Decided November 16, 1900PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Ashland county: John K. Paeisii, Circuit Judge. The plaintiffs on May 16, 1898, served a summons in garnishment against H. E. Whitcomb and Howard Morris, as receivers of the Wisconsin Central Railroad Company and of the Wisconsin Central Company, to charge them as garnishees in a suit against one Archie McKinnon.

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Appeal from a judgment of the circuit court for Ashland county: John K. Paeisii, Circuit Judge. The plaintiffs on May 16, 1898, served a summons in garnishment against H. E. Whitcomb and Howard Morris, as receivers of the Wisconsin Central Railroad Company and of the Wisconsin Central Company, to charge them as garnishees in a suit against one Archie McKinnon. The garnishees answered that on March 17th they contracted with McKinnon for the purchase of 301 pieces of piling at the price of $525.80; that the same were delivered prior to the 12th day of April, 1898; that the price had not yet…

1Opinion of the CourtDodge, J.

1. The greater part of the trial in the circuit court and of the briefs in this court were devoted to matters quite nonessential to the conclusion reached, namely, to the state of a long account between McCall and McKinnon at the time of the service of summons in garnishment upon Morris and Whitcomb as receivers. All this is immaterial, for it appears that independently thereof no garnishable liability or property existed in the hands of the garnishees at the time of the service of the summons upon them. The garnishing plaintiffs could, of course, stand in no better position as _ against the…

2Cases cited8 opinions

  1. Lillie v. DunbarWisconsin Supreme Court · 1885
  2. Edwards v. RoepkeWisconsin Supreme Court · 1889
  3. Healey v. ButlerWisconsin Supreme Court · 1886
  4. Irwin v. McKechnieSupreme Court of Minnesota · 1894
  5. Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Mississippi River Logging Co. v. MillerWisconsin Supreme Court · 1901
  2. Kneeland-McLurg Lumber Co. v. LillieWisconsin Supreme Court · 1914
  3. Becker v. BeckerWisconsin Supreme Court · 1901

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