Rumery v. McCulloch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. In October, 1878, the plaintiff recovered a judgment against the defendants Park and Bigler 'on au indebtedness due him-from the firm of Parks, Homsted & Co., which firm consisted of said defendants' and one Homsted.
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APPEAL from the Circuit Court for Portage County. In October, 1878, the plaintiff recovered a judgment against the defendants Park and Bigler 'on au indebtedness due him-from the firm of Parks, Homsted & Co., which firm consisted of said defendants' and one Homsted. At the time .of the commencement of the action, in September, 1877, the respondent McOulloch was summoned as garnishee of Parks and Big-ler, and the trial of the issue on his liability as such garnishee, in November, 1879, resulted in a judgment in his favor. From that judgment the plaintiff appealed. Other facts will sufficiently…
1Opinion of the CourtOrton, J.
The main action in which the garnishee proceedings were instituted was not against Parks, Iiomsted & Co., and Iiomsted was not made a party thereto. It was in form, so far as the title was concerned, against George Parks and J. H. Bigler. The averments of the complaint, so far as material to the present inquiry, were, that George Parks and J. II. Bigler agreed to pay all of the debts of Parks, Homsted & Co., in consideration of the retirement of Iiomsted from the firm, and their retention of all of the property and assets of the old firm, and that the note in suit was one of the debts which…
2Cases cited13 opinions
- Welles v. . MarchNew York Court of Appeals · 1864
- Anderson v. TompkinsU.S. Circuit Court for the District of Virginia · 1820
- Deckard v. CaseSupreme Court of Pennsylvania · 1836
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Wilson v. HunterWisconsin Supreme Court · 1861
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3Cited by12 opinions
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- Sullivan v. SmithNebraska Supreme Court · 1884
- Farwell v. WebsterWisconsin Supreme Court · 1888
- Wadleigh v. MerkleWisconsin Supreme Court · 1883
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