Rasmussen v. McCabe
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. A somewhat full report of this cause, as presented on the first hearing, will be found in 43 "Wis., 471-478. After the decision there reported, a rehearing was granted on respondent’s motion; and the cause was again submitted on briefs of HJ. B. Jackson for respondent, and Gharles W. Felker for appellant.
1Opinion of the CourtRyan, C. J.
On the first hearing of this appeal, it was said that the affidavit on which the garnishees were summoned, appears substantially to comply with the statute. Rasmussen v. McCabe, 43 Wis., 471. This now appears to have been an entire mistake. It may have occurred by comparing the affidavit with sec. 113, ch. 120, R. S. 1858, and not with see. 1, ch. 161 of 1871, amending the former section. The learned counsel of the respondent, in his brief, made many objections to the regularity of the proceedings before the justice; and amongst them, he certainly pointed out the defect in the affidavit by…
2Cases cited2 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Rasmussen v. McCabeWisconsin Supreme Court · 1877
3Cited by3 opinions
- Detroit Safe Co. v. KellyWisconsin Supreme Court · 1890
- Russell v. RalphWisconsin Supreme Court · 1881
- Maguire v. BolenWisconsin Supreme Court · 1896