Smith, Thorndike & Brown Co. v. Mutual Fire Insurance
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: Orren T. "Williams, Judge. On May 25, 1897, garnishee summons was served upon the agents of the garnishee insurance companies, at Milwaukee. On November 1st it was filed with the clerk of the court, bearing the return of a deputy sheriff certifying such service, but making no mention either of service or of any attempt to serve upon the principal defendants.
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Appeal from an order of the superior court of Milwaukee county: Orren T. "Williams, Judge. On May 25, 1897, garnishee summons was served upon the agents of the garnishee insurance companies, at Milwaukee. On November 1st it was filed with the clerk of the court, bearing the return of a deputy sheriff certifying such service, but making no mention either of service or of any attempt to serve upon the principal defendants. Such summons was accompanied by an affidavit of Charles E. Wilde that he had served it on one of the principal defendants at Milwaukee on the 6th day of August, 1897.’ The…
1Opinion of the CourtDodge, J.
The reason given by the judge of the superior court for denying this motion was that he had no jurisdiction to decide the conflict of evidence apparently arising from *604the contradictory statements in the deputy sheriff’s two different affidavits. This, of course, is no ground for the action taken. If any conflict of fact needed to be decided in order to allow the sheriff to amend his return to accord with what he declared to be the fact, there was no other forum except the superior court capable of deciding it.
But the grounds of the action taken are immaterial, in view of the conclusion at…
2Cases cited2 opinions
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Globe Milling Co. v. BoyntonWisconsin Supreme Court · 1894
3Cited by4 opinions
- Mahrle v. EngleWisconsin Supreme Court · 1952
- Riley v. State Bank of De PereWisconsin Supreme Court · 1936
- Presidential Authority to Permit the Withdrawal of Iranian Assets Now in the Federal Reserve Bank, Department of Justice Office of Legal Counsel1980
- Smith v. WellsSouth Dakota Supreme Court · 1945