Kremer v. Arians
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane-county: E. Ray Stevens, Circuit Judge. Plaintiff, having obtained judgment in justice’s court for some $105 and costs against on© Editb Reynolds, issued execution thereon, and on the 18th day of November, 1908, made necessary affidavit and procured to be issued a garnishee-summons in aid of the execution against one A. C. Hoppmann,. returnable December 18th.
Read the full summary
Appeal from a judgment of tbe circuit court for Dane-county: E. Ray Stevens, Circuit Judge. Plaintiff, having obtained judgment in justice’s court for some $105 and costs against on© Editb Reynolds, issued execution thereon, and on the 18th day of November, 1908, made necessary affidavit and procured to be issued a garnishee-summons in aid of the execution against one A. C. Hoppmann,. returnable December 18th. Hoppmann, on the return day, delivered to the justice a note and mortgage for $400 upon certain °real estate, also two checks of $50 each, indorsed by said Hoppmann, with answer that he…
1Opinion of the CourtDodge, J.
1. Jurisdiction of tbe justice is assailed be-' cause on tbe return day of tbe garnishee summons tbe execu-' tion was returned nulla bona,. No statute or bolding of this court is cited declaring any necessity for tbe execution to persist. Tbe service of tbe garnishee summons is not a seizure of property upon tbe execution, for it is only authorized in case no property can be seized. Sec. 3100, Stats. (1898). It is tbe institution of an action against tbe garnishee, to proceed like other actions. Id. It depends, under our statutes, not on any levy or seizure by virtue of tbe execution, as in…
2Cases cited2 opinions
- Cowles v. City of NeillsvilleWisconsin Supreme Court · 1909
- Hanrahan v. City of JanesvilleWisconsin Supreme Court · 1908
3Cited by2 opinions
- De Laval Separator Co. v. HofbergerWisconsin Supreme Court · 1915
- Kuehn v. Nero & Menominee River Sugar Co.Wisconsin Supreme Court · 1911