Badger Lumber Co. v. Stern
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Shawano-county: JohN GoodlaND, Circuit Judge. It appears from tbe record tbat December 15, 1903, the-plaintiff commenced tbis action against tbe defendant Richard Stern, and at tbe same time garnished tbe defendant Bates; tbat Bates, as sucb garnishee, answered to tbe effect tbat be, as sucb garnishee, was indebted to tbe defendant.
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Appeal from a judgment of tbe circuit court for Shawano-county: JohN GoodlaND, Circuit Judge. It appears from tbe record tbat December 15, 1903, the-plaintiff commenced tbis action against tbe defendant Richard Stern, and at tbe same time garnished tbe defendant Bates; tbat Bates, as sucb garnishee, answered to tbe effect tbat be, as sucb garnishee, was indebted to tbe defendant. Richard, and tbat sucb indebtedness was incurred May 21, 1903, by Ms entering into a written agreement with Richard Stern and Anna Stem, bis wife, wherein and whereby he-agreed to pay said Richard and Anna Stem $300,…
1Opinion of the CourtOassodat, C. J.
It was competent'for the principal defendant, Richard, to appeal from the judgment against the garnishee. Sec. 2765, Stats. 1898; Veitch v. Cebell, 105 Wis. 261, 81 N. W. 411; Schomberg H. L. Co. v. Engel, 114 *620Wis. 273, 90 N. W. 177. Whatever may be the rule in other juiisdictions, it is well settled in this statQ that a debt due jointly to tire principal defendant and another or others cannot be reached by garnishment in an action against such defendant alone. Singer v. Townsend, 53 Wis. 226, 10 N. W. 365. This is in harmony with the great weight of authority. We cite a few cases only:…
2Cases cited11 opinions
- Dayton v. WalshWisconsin Supreme Court · 1879
- Kennedy v. McLellanMichigan Supreme Court · 1889
- Trickett v. MooreSupreme Court of Kansas · 1886
- Veitch v. CebellWisconsin Supreme Court · 1900
- Stillings v. YoungMassachusetts Supreme Judicial Court · 1894
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3Cited by5 opinions
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