Krueger v. Cone
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. The respondent was served with garnishee summons at the suit of the plaintiffs against one Frank Missenski.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. The respondent was served with garnishee summons at the suit of the plaintiffs against one Frank Missenski. The respondent answered that he was indebted to the defendant in the sum of $125, subject to the folio wing situation and claims : That amount was due for digging a well on his premises; and subcontractors claimed liens upon the premises to the amount of $140.14. The principal defendant also filed an answer in the garnishee suit, in which he asserted the right of said four claimants to…
1Opinion of the Court
The following opinion was filed February 27, 1900:
Dodge, J.
It is quite clear that the order requiring the garnishee to pay into court the amount of the conditional indebtedness from him to the defendant, which was subject to claims for mechanics’ liens, was improper. Sec. 3727, Stats. 189 S, being translated, provides that no judgment shall be rendered against a garnishee, or any money or property be required to be delivered by him to the justice, by reason of any money owing from him to the defendant, unless it shall have become due absolutely and without depending on any future contingency,…
2Cases cited5 opinions
- State ex rel. Gray v. Common Council of OconomowocWisconsin Supreme Court · 1899
- Carter v. DowWisconsin Supreme Court · 1862
- Varrell v. ChurchWisconsin Supreme Court · 1874
- Barnes v. SchmitzWisconsin Supreme Court · 1878
- Paulsen v. IngersollWisconsin Supreme Court · 1885
3Cited by4 opinions
- School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905
- State ex rel. Department of Health & Social Services v. Circuit Court for Second Judicial CircuitWisconsin Supreme Court · 1978
- Fuller v. TubbsWisconsin Supreme Court · 1902
- State ex rel. Weisskopf v. Byrne Bros.Wisconsin Supreme Court · 1924