Healey v. Butler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The plaintiff commenced an action on a money demand against N. B. Peterson, and at the same time instituted a garnishee proceeding against the respondent, P. D. Butler, who filed his answer therein,-denying that he was indebted to Peterson, and- stating, in detail, certain contracts and transactions with him. The plaintiff took issue thereon.
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APPEAL from the Circuit Court for Portage County. The plaintiff commenced an action on a money demand against N. B. Peterson, and at the same time instituted a garnishee proceeding against the respondent, P. D. Butler, who filed his answer therein,-denying that he was indebted to Peterson, and- stating, in detail, certain contracts and transactions with him. The plaintiff took issue thereon. The opinion contains a sufficient statement of the material portions of the answer, and of the testimony. The summons in the original action was served by a private person, whose affidavit of the service…
1Opinion of the CourtLyoN, J.
1. The judgment against Peterson in the original action, having been entered by default, and Peterson not having appeared in the action, is void unless a proper service of the summons therein is shown by the return, or, that failing, unless the subsequent appearance and admission of service by Peterson cures the defect. If that judgment is void, there is no foundation for the garnishee *12judgment, and the garnishee proceedings should have been dismissed. Farther, if the record fails to show, that the garnishee summons was properly served upon Peterson, and if he did not appear in the garnishee…
2Cases cited5 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Brown v. LangloisSupreme Court of Missouri · 1879
- St. Louis v. RegenfussWisconsin Supreme Court · 1871
- McAllister v. MullanphySupreme Court of Missouri · 1831
- Sanborn v. StickneySupreme Judicial Court of Maine · 1879
3Cited by11 opinions
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Winner v. HoytWisconsin Supreme Court · 1887
- E. B. Millar & Co. v. PlassWashington Supreme Court · 1895
- Beaupre v. BrighamWisconsin Supreme Court · 1891
- Caskey v. PetersonWisconsin Supreme Court · 1936
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