Stannard v. Youmans
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: W. F. Bailey, Circuit Judge. TMs action was commenced in the circuit court for Clark county. The plaintiffs recovered in the original action, and Glcurion A. Youmcms was summoned as garnishee of the defendant Manes, and answered as such, denying liability.
Read the full summary
Appeal from a judgment of the circuit court for Clark county: W. F. Bailey, Circuit Judge. TMs action was commenced in the circuit court for Clark county. The plaintiffs recovered in the original action, and Glcurion A. Youmcms was summoned as garnishee of the defendant Manes, and answered as such, denying liability. The plaintiffs took issue on his answer, and a trial was had, which resulted in a finding in favor of the garnishee, and he had judgment discharging him, with costs, from which the plaintiffs appealed. It was found by the court: (1) That the defendant Dudley B. Manes, May 16,…
1Opinion of the CourtPinney, J.
The effect of the assignment found to have been executed by the judgment debtor Manes of all his property, except such as was by law exempt, to Youmans, for the benefit of his creditors, was to pass the title to all of said property, and the right of possession as well, to Youmans, the garnishee. The title thus vested in Youmans was valid and effective as against Manes, whether Youmans gave a valid and sufficient bond as assignee or not. As between these parties, they were concluded by the assignment; but, as against creditors of Manes, the assignment was in law fraudulent and void, and they…
2Cases cited1 opinion
- Jones v. AlfordWisconsin Supreme Court · 1898
3Cited by2 opinions
- Knittle v. EllenbuschSouth Dakota Supreme Court · 1916
- Eau Claire National Bank v. Chippewa Valley BankWisconsin Supreme Court · 1905