Streissguth v. Reigelman
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Eau Claire County. This action was brought against the principal defendant, Bessinger, pursuant to ch. 233, Laws of 1880 (2 S. & B. Ann. Stats. 1578), on a demand not then due. An attachment was issued based upon an affidavit of the attorney for the plaintiffs, and the appellant, 8am,uel Reigelman, was summoned as garnishee. He answered denying any liability to the defendant. Plaintiffs took issue on such answer.
Read the full summary
APPEAL from tlie Circuit Court for Eau Claire County. This action was brought against the principal defendant, Bessinger, pursuant to ch. 233, Laws of 1880 (2 S. & B. Ann. Stats. 1578), on a demand not then due. An attachment was issued based upon an affidavit of the attorney for the plaintiffs, and the appellant, 8am,uel Reigelman, was summoned as garnishee. He answered denying any liability to the defendant. Plaintiffs took issue on such answer. Service of the summons upon the principal defendant, Bessinger, was made, or attempted to be made, by publication thereof. Judgment by default was…
1Opinion of the CourtLyoN, J.
The garnishee defendant may avail himself of any defect in the proceedings in the original action which operates to invalidate the judgment. Healey v. Butler, 66 Wis. 9.
'It is settled beyond controversy that, under our attachment law,1 the indebtedness of the defendant in the attachment must be positively stated by some affiant who has knowledge of the facts. Talbot v. Woodle, 19 Wis. 174, and cases there cited; Hawes v. Clement, 64 Wis. 152; Eureka S. H. Co. v. Sloteman, 67 Wis. 118, 128. Thus, in Talbot v. Woodle, an affidavit which stated the amount of the indebtedness on information and…
2Cases cited5 opinions
- Eureka Steam Heating Co. v. SlotemanWisconsin Supreme Court · 1886
- Gowan v. HansonWisconsin Supreme Court · 1882
- Healey v. ButlerWisconsin Supreme Court · 1886
- Hawes v. ClementWisconsin Supreme Court · 1885
- Talbot v. WoodleWisconsin Supreme Court · 1865
3Cited by5 opinions
- Birken v. HickeySouth Dakota Supreme Court · 1920
- Beaupre v. BrighamWisconsin Supreme Court · 1891
- Givans v. SearleWisconsin Supreme Court · 1908
- I. L. Lamm Co. v. PeaksWisconsin Supreme Court · 1916
- Trautmann v. SchwalmWisconsin Supreme Court · 1891