Buffham v. City of Racine
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. In an action hy Buffham against one Cover, proceedings in garnishment were had against the defendant city; and after plaintiff had recovered a judgment against Cover, he moved for judgment against the city as garnishee ; but the court denied the motion, on the ground that a municipal corporation in this state is not liable to garnishment.
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APPEAL from the Circuit Court for Racine County. In an action hy Buffham against one Cover, proceedings in garnishment were had against the defendant city; and after plaintiff had recovered a judgment against Cover, he moved for judgment against the city as garnishee ; but the court denied the motion, on the ground that a municipal corporation in this state is not liable to garnishment. Erom this decision the plaintiff appealed. 1. The city may sue and be sued by its corporate name. R. S. ch. 78, sec. 1; Charter of Racine, Pr. & L. Laws of 1866, ch. 208, title 1, sec. 3; 7 Wis. 484-489. A…
1Opinion of the CourtCole, J.
In the case of Burnham v. The City of Fond du Lac, 15 Wis. 193, it was held that a municipal corporation was not subject to the process of garnishment. The reasons for that decision are there given; and they still seem .to us sufficiently cogent and weighty to sustain the principle there laid down. The public inconvenience which would necessarily result from holding a municipal corporation liable to be garnished, and thus drawing it into controversies between individuals in which it has no concern, more than counterbalances any advantages derived from the opposite rule of subjecting it to…
2Cases cited17 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
- M'iver, Lessees v. RaganSupreme Court of the United States · 1817
- Waller v. HarrisNew York Supreme Court · 1838
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
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- Brown v. GatesWest Virginia Supreme Court · 1879
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
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