Kirby v. Corning
Wisconsin Supreme Court
APPEAL from the Circuit Court for Taylor County. The action was commenced by service of the summons and affidavit for garnishment upon the garnishee, the principal defendant, Alpheus- Tucker, not being found.
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APPEAL from the Circuit Court for Taylor County. The action was commenced by service of the summons and affidavit for garnishment upon the garnishee, the principal defendant, Alpheus- Tucker, not being found. The garnishee answered, alleging that he had under his control the sum of $300, belonging to said defendant, which he had received in settlement of certain actions upon policies of insurance in favor of such defendant and of Clara E. Tucker, his wife, and that of said amount Clara E. Tucker claimed the sum of $220. It is stated in the printed case that Clara E. Tucker was inter-pleaded…
1Opinion of the CourtOrton, J.
The garnishee having disclosed that Clara E. Tucker claimed a part of the moneys in his hands sought to be, reached by the plaintiffs in their proceeding of garnishment, and she having been ordered to interplead according to the provisions of section 2767, R. S., and having answered, claiming that the sum of $220 of such moneys belonged to her in her own right, and the plaintiffs having taken issue, and proceeded to trial before a jury on such issue, it was then too late to object to her answer that it was not verified or out of time. The questions put to the garnishee on the trial, relating…
2Cited by4 opinions
- Hansher v. KaishianWisconsin Supreme Court · 1977
- Johnson v. YoungsWisconsin Supreme Court · 1892
- Moore v. DavisMichigan Supreme Court · 1885
- Braunsdorf v. FellnerWisconsin Supreme Court · 1887