Mullen v. Reinig
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lax County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that December 24, 1884, the defendant, John Haberkorn, made a general assignment for the benefit of his creditors to the garnishee, John Reinig; that the principal action was commenced against Haberkorn, December 26, 1884, to recover $531 and interest due upon contract; that at the same time garnishee proceedings therein…
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APPEAL from the Circuit Court for Fond du Lax County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that December 24, 1884, the defendant, John Haberkorn, made a general assignment for the benefit of his creditors to the garnishee, John Reinig; that the principal action was commenced against Haberkorn, December 26, 1884, to recover $531 and interest due upon contract; that at the same time garnishee proceedings therein were commenced against said John Reinig, upon an affidavit to the effect that Reinig was indebted to or had property in…
1Opinion of the CourtCassoday, J.
Uo objection is made to the formal execution of the assignment. Undoubtedly it was drawn and executed in conformity to the statutory requirements. • The statute provides that “any property, moneys, credits, and. effects, held by a conveyance or title void as to the creditors of the defendant, shall be embraced in such liability ” of the garnishee (sec. 2768, R. S.), except as limited by sec. 2, ch. 86, Laws of 1881. The real issue for trial in this garnishee action, therefore, was whether the assignment to Reinig was void as -to the plaintiffs, as creditors of Haber-korn; that is to say, Was…
2Cases cited2 opinions
- Batten v. SmithWisconsin Supreme Court · 1885
- Batten v. RichardsWisconsin Supreme Court · 1887
3Cited by4 opinions
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- State v. Abbott LaboratoriesWisconsin Supreme Court · 2012
- Boltz v. Town of SullivanWisconsin Supreme Court · 1899
- Kuzmic v. KreutzmannCourt of Appeals of Wisconsin · 1980