Grever v. Culver
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. The appellant was the assignee of Emma J. Hart in a voluntary assignment for the benefit of her creditors, and he was made defendant, as her garnishee, in an action brought by the respondents to recover against her $119.35. He answered, denying liability, and setting up the execution and delivery of the assignment, and claiming the property in question for the benefit of all the creditors of the assignor.
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APPEAL from the Circuit Court for Eau Claire County. The appellant was the assignee of Emma J. Hart in a voluntary assignment for the benefit of her creditors, and he was made defendant, as her garnishee, in an action brought by the respondents to recover against her $119.35. He answered, denying liability, and setting up the execution and delivery of the assignment, and claiming the property in question for the benefit of all the creditors of the assignor. The only question in the case is whether the assignment was perfected so as to be valid in law; and but one objection was urged against…
1Opinion of the Court
Pinney, J
1. It is assigned as error that the court erred in ordering judgment upon the plaintiffs’ motion, without *297a trial upon the merits. The answer of the garnishee seems to have been framed under both secs. 2759 and 2760, combining with the denial of liability under the former section a statement of “ all the facts and circumstances ” concerning his liability or indebtedness under the latter, with a view of submitting the question to the court; and it sets forth in detail all the proceedings in relation to the execution and delivery of the assignment by the principal defendant, Ilart, and…
2Cases cited10 opinions
- Sexton v. RhamesWisconsin Supreme Court · 1860
- Scott v. SeaverWisconsin Supreme Court · 1881
- Klauber v. CharltonWisconsin Supreme Court · 1878
- Wadleigh v. MerkleWisconsin Supreme Court · 1883
- Fuhrman v. JonesWisconsin Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Toepfer v. LampertWisconsin Supreme Court · 1899
- Jones v. AlfordWisconsin Supreme Court · 1898
- German American Bank v. DevlinWisconsin Supreme Court · 1897
- Milwaukee Trust Co. v. Lancashire InsuranceWisconsin Supreme Court · 1897
- Western Twine Co. v. TeasdaleWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.