Legal Opinion

Drake v. Harrison

Wisconsin Supreme Court

Decided June 1, 1887PublishedCited by 9 opinions

APPEAL from the Circuit Court for Jefferson County. The defendants, sought to be charged as garnishees on execution, appeal from a judgment against them. The case is fully stated in the opinion. argued that the garnishee proceeding, was equitable, and should have been tried by the court without a jury. Sec. 2766, R. S.; Fraedrioh v.- Flieth, 64 Wis. 184; Steen v. Norton,-45 id. 412; Wells v. Am. Eta]). Oo. 55 id. 33; Bates v. G., M. de Sé.

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APPEAL from the Circuit Court for Jefferson County. The defendants, sought to be charged as garnishees on execution, appeal from a judgment against them. The case is fully stated in the opinion. argued that the garnishee proceeding, was equitable, and should have been tried by the court without a jury. Sec. 2766, R. S.; Fraedrioh v.- Flieth, 64 Wis. 184; Steen v. Norton,-45 id. 412; Wells v. Am. Eta]). Oo. 55 id. 33; Bates v. G., M. de Sé. P. B. Oo. 60 id. 301. The original judgment was against two persons, McD. and L., but was never docketed against McD. so as to be a lien upon his real…

1Opinion of the CourtTayloe, J.

The material facts in this case are the following : On the 27th day of September, 1881, the respondent recovered a judgment against the above-named defendants, J. M. Leighton and A. D. McDonald, in the circuit court of *102Jefferson county, for the sum of $2,105.50 damages and costs. This judgment was docketed on the same day by the clerk of said court under the letter “ L” against “Leighton, J. It., and A. D. McDonald,” and the judgment was never docketed against the said McDonald under the letter “ M.” An execution was issued out of said court, in due form of law, upon said judgment, on the…

2Cases cited18 opinions

  1. Fitch v. NewberryMichigan Supreme Court · 1843
  2. Greene v. . WarnickNew York Court of Appeals · 1876
  3. Kelly v. . RobertsNew York Court of Appeals · 1869
  4. Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
  5. M'Nitt v. ClarkNew York Supreme Court · 1811

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3Cited by9 opinions

  1. Edwards v. RoepkeWisconsin Supreme Court · 1889
  2. Greene & Button Co. v. RemingtonWisconsin Supreme Court · 1888
  3. Hamilton Nat. Bank v. LongTennessee Supreme Court · 1949
  4. Vollmer v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
  5. Sterling v. RyanWisconsin Supreme Court · 1888

4 more not listed; retrieve them via the Exa API.

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