Reports of Cases Argued And Determined in the Supreme Court of ..., volume 48
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 48
Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover
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Even where the summons in garnishment is not served on the principal debtor, ai the statute now provides, the garnishee is only required to make such defenses to the merits as he knows the principal debtor might make if present defending the gamislunent proceedings, and not to make technical objections to defects in the record which may readily be cured by amendment. Johann r. Bufener^ 32 "Wis., 195, and Pierce v, Railtmy Co., 36 id., 283, distinguished. 4. Where copartners are garnished by the...ir firm name, and the return shows service by reading it and delivering a copy to one of them, but does not show which one, and is indorsed upon the garnishee summons, instead of upon the summons in the principal action, these defects may be cured by amendment. 5. Where, in such a case, the gaAiished firm appeared by one of its members and answered, and the principal debtor also appeared in the garnishment proceeding, the court acquired jurisdiction, and the failure of the gar- nishees to object to the defects in the return was no breach of duty to such debtor or his assignee.
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