German American Bank v. Butler-Mueller Co.
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. On August 21, 1893, the plaintiff bank owned a promissory note made by the defendant the Butler-Mueller Company, with Mueller Son guarantors of payment, on which there was unpaid the sum of $1,000, with a small amount of interest. On that day the plaintiff commenced an action against all the parties liable on the note to recover the balance due upon it.
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APPEAL from the Superior Court of Milwaukee County. On August 21, 1893, the plaintiff bank owned a promissory note made by the defendant the Butler-Mueller Company, with Mueller Son guarantors of payment, on which there was unpaid the sum of $1,000, with a small amount of interest. On that day the plaintiff commenced an action against all the parties liable on the note to recover the balance due upon it. The plaintiff’s cashier made an affidavit for garnishment in the form required by sec. 2753, K. S. A summons in garnishment was issued thereon and served upon the garnishees named in the…
1Opinion of the CourtNewman, J.
The question on this appeal is whether one creditor of an insolvent debtor can gain a preference over other creditors of the same debtor, against the debtor’s will, by instituting a garnishment action, in .a ease where *470it is true, to the creditor’s knowledge, that the debtor has property liable to execution, within the creditor’s own county, many times sufficient to satisfy the creditor’s demand.
Before the process of garnishment can issue, an affidavit must be made on behalf of the plaintiff which shall state, among other things, that the deponent “ verily believes . . . that such defendant…
2Cited by7 opinions
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- Ed Hockaday & Co. v. KingSupreme Court of Oklahoma · 1912
- Madden v. Union Pacific RailroadSupreme Court of Kansas · 1913
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