Malley v. Altman
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee Comity. Malley commenced an action against Altman & Blossom in the county court, on the 7th of July, 1860, by the service of a summons; and on the same day, upon an affidavit stating, among other things, the belief of the plaintiff that the defendants had disposed of their property with intent to defraud their creditors, obtained a writ of attachment against them.
Read the full summary
APPEAL from the County Court of Milwaukee Comity. Malley commenced an action against Altman & Blossom in the county court, on the 7th of July, 1860, by the service of a summons; and on the same day, upon an affidavit stating, among other things, the belief of the plaintiff that the defendants had disposed of their property with intent to defraud their creditors, obtained a writ of attachment against them. The plaintiff also filed an affidavit on the same day, stating that one Allen had in his possession goods belonging to the defendants in the attachment. On the 10th of July, the sheriff…
1Opinion of the Court
By the Court,
Cole, J.
It is objected in this case that the county court acquired no jurisdiction of the garnishee, because it affirmatively appeared from the affidavit for garnishee proceedings, that he had property in his possession, consisting of goods, wares and merchandise, which were subject to actual levy by attachment. It is a sufficient answer to this objection, that the sheriff returned he could find no property to attach and get possession of, and this return must be deemed conclusive in this proceeding. Although the garnishee might have had in his possession goods and merchandise at…
2Cited by8 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Bragg v. GaynorWisconsin Supreme Court · 1893
- Maxwell v. Bank of New RichmondWisconsin Supreme Court · 1898
- In re Adoption of a MinorCourt of Appeals for the D.C. Circuit · 1943
- Crerar v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.