Thoen v. Harnstrom
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. G. SiebeCKee, Circuit Judge. Plaintiff and the principal defendant resided in Chicago. 'The former sued the latter in the circuit court for Dane .county, and as incidental thereto commenced this garnishee .action.
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Appeal from an order of the circuit court for Dane county: E. G. SiebeCKee, Circuit Judge. Plaintiff and the principal defendant resided in Chicago. 'The former sued the latter in the circuit court for Dane .county, and as incidental thereto commenced this garnishee .action. The affidavit which was the foundation of the garnishee proceeding was in the usual form, stating, among, other things, that plaintiff verily believed that the defendant was not possessed of property liable to execution sufficient to satisfy the plaintiff’s claim. After the service of garnishee process the principal…
1Opinion of the CourtMabshall, J.
• Sec. 2'771, S. & B. Ann. Stats., provides that “ the defendant may, at any time after the commencement of the action and before judgment, file with the clerk of the court an undertaking, executed by at least two sureties, . . . *233to . . . pay to the plaintiff the amount of the judgment, with all costs that may be recovered against such defendant in the action, not exceeding a sum specified” in such undertaking; and that, on compliance with the statutory requisites in the matter, the garnishee shall be discharged and the garnishee proceedings deemed discontinued. So, upon the service of the…
2Cases cited4 opinions
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
- Orton v. NoonanWisconsin Supreme Court · 1871
- German American Bank v. Butler-Mueller Co.Wisconsin Supreme Court · 1894
- Eau Claire Grocer Co. v. HubbardWisconsin Supreme Court · 1897
3Cited by8 opinions
- Sheehan v. LewisWisconsin Supreme Court · 1935
- Stadler v. RohmWisconsin Supreme Court · 1968
- Ed Hockaday & Co. v. KingSupreme Court of Oklahoma · 1912
- Wilkinson v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1903
- State ex rel. Smith v. BeldenWisconsin Supreme Court · 1931
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