Legal Opinion

Townsend v. Seelig

Wisconsin Supreme Court

Decided January 28, 1902PublishedCited by 1 opinion

Appeal from an order of the circuit court for Eond du Lac county: Michael KirwaN, Circuit Judge. In March, 1897, garnishee summons having been issued at the suit of the appellants’ agents against the respondent as garnishee, upon execution the same was returned to the justice with return by constable that he had served the same on the garnishee by reading the same to and leaving with him a true copy thereof.

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Appeal from an order of the circuit court for Eond du Lac county: Michael KirwaN, Circuit Judge. In March, 1897, garnishee summons having been issued at the suit of the appellants’ agents against the respondent as garnishee, upon execution the same was returned to the justice with return by constable that he had served the same on the garnishee by reading the same to and leaving with him a true copy thereof. The words in the printed form of return for declaring payment of witness fees to the garnishee were scratched out. The constable’s statement of fees attached to his return did not include…

1Opinion of the CourtBakdeeN, J.

A transcript of a judgment rendered in justice’s court for more than $10, exclusive of costs, may be *33filed and docketed in tbe office of tbe clerk of tbe circuit court, and from tbe time of sncb filing shall be deemed tbe judgment of tbe circuit' court, and be under tbe control of said' court, and carried into effect tbe same as tbe judgments thereof. Sec. 2900, Stats. 1898. Such a transcript was filed and docketed against tbe property, of tbe garnishee defendant. He attacked it by motion on tbe ground that tbe proceedings before tbe justice showed that be bad no power or jurisdiction to…

2Cases cited6 opinions

  1. Purcell v. KleaverWisconsin Supreme Court · 1897
  2. Weatherbee v. WeatherbeeWisconsin Supreme Court · 1866
  3. Scheer v. KeownWisconsin Supreme Court · 1874
  4. Thomas v. WestWisconsin Supreme Court · 1883
  5. Steckmesser v. GrahamWisconsin Supreme Court · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Wernick v. RothWisconsin Supreme Court · 1928

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