St. Joseph Manufacturing Co. v. Miller
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. The defendant -Yorton brought an action against the Milwaukee, Lake Shore & Western Railway Company to recover damages for personal injuries alleged to have been inflicted upon him, when a passenger on one of its trains, by the employees of the company. December 2, 1881, he recovered judgment in such action against the railway company for something over $1,200, damages and costs.
Read the full summary
APPEAL from tbe County Court of Milwaukee County. The defendant -Yorton brought an action against the Milwaukee, Lake Shore & Western Railway Company to recover damages for personal injuries alleged to have been inflicted upon him, when a passenger on one of its trains, by the employees of the company. December 2, 1881, he recovered judgment in such action against the railway company for something over $1,200, damages and costs. On the same day, the plaintiff, the St. Joseph Manufacturing Company, commenced an action against Yorton, and caused the railway company to be summoned as a garnishee…
1Opinion of the CourtLyoN, J.
The only question to be determined on this appeal is whether the plaintiff in the garnishee suit (the appellant) is entitled to the money paid into court by the railway company. If that question is resolved in the negative, it is quite immaterial to the appellant whether the money be paid to Mr. Miller, or to any other of the interpleaded parties.
It requires no discussion or reference to authorities to dem*391onstrate that a claim for personal injuries, while it remains unliquidated, is not the proper subject of garnishment. Such a claim is not even assignable. Kusterer v. Beaver Dam, 56 Wis.…
2Cases cited1 opinion
- Kusterer v. City of Beaver DamWisconsin Supreme Court · 1883
3Cited by8 opinions
- Hoven v. Employers' Liability Assurance Corp.Wisconsin Supreme Court · 1896
- Lehmann v. FarwellWisconsin Supreme Court · 1897
- Lewis v. BarnettSupreme Court of Kansas · 1934
- Seventy-First Street & Broadway Corp. v. ThorneSupreme Court of New Jersey · 1932
- Tyler v. the Superior CourtSupreme Court of Rhode Island · 1909
3 more not listed; retrieve them via the Exa API.