The Superior times. [volume] (Superior, Wis.) 1870-1912, 1871-05-13
Published March 81, 1Sll
CHAPTER i6l-GENERAL.
AN ACT relating to proceedings against garnishee'

AN ACT relating to proceedings against garnishees
The people o the state of Wisconsin, represented in
senate and assembly, do enact as follows:
Section l. In all in the courts of this state
when an affidavit is required tor the purpose OF pro-
tilted or charged as garnishee, the person making
such affidavit shall ct tie therein that the property
such atidavit, are the knowledge belief OF the
person making such affidavit not by law exempt from
Sec. 2. In ell cases when summons notice is re-
quired to be served upon any person OF corporation TO
notify charge such person corporation
garnishee in any action pending in the courts OF
tnis state. copy of such summons notice shall be
served the defendant in such action within the time
and in the manner that slch summons or notice Is re-
quired served such garnishee ii such defend
ant can be found within the jurisdiction OF the court
in which such garnishee proceeding shall be com
the jurisdiction OF such court but shall have agent
attorney residing therein then such summons
notice shall be served upon such agent attorney
with the time and in the manner aforesaid. =
Sec. 3. Whenever any person or corporation shall
be summoned notified garnishee, and be required
to answer touching his or its abih garnishee in
any action in penuingany of the tl- OF this state,
the DEFENDANT Ia sucn action may 'eaT IA socl gar
nshee prOceC ding, at the time garnishee is re-
fore whom such garnishee is required to no.
tice in writing, stating that he claims the property
the affidavit part thereof as exempt from seizure
tending to show that the person corporation so
summoned or notified is not liable to be garnisheed,
mich notice shall state fully the facts upon which he
claims that such property money, credits effects
Indebtedness exempt, or that such person cor
poraton is not liable to be ga~nisheed, and such de
PENDANT ma also be by such court officer,
and be mined in relation TO facts stated in such
notice. whereupon the defendant giving such notice
shat be and become party TO said garnishee pro-
ceedings. The plaintiff in such action mag traverse
such notice like any other pleading, and the issue
formed shall be heard, tried anu determined like
other issues in civil actions
Sec. T. The garnishee il any garnishee proceedings,
either party to the ion in which garnisnee
proceeding shall be commenced, may appeal from any
decision order judgment made rendered in such
1ishee proceedings in the same manner and with
the effect that appeals taken in ordinary
pending in the court when such garnishee proceed
lngs pending.
Sec. 5. In all cases when Indignant shall be rem
dered ainst a gaCnlsnee, the costs and disburse
ments in the garnshee proc dings may be taxed and
inserted in the judgment ust the garnishee: pro
o5ded that such garnishee mas property, money cred
II effects his hands belonging to the defendant
is indebted TO such defendant in any sufficient
10 salts such judgment and said costs and disbuIse
ments and il such gtrnisd- has not property mon
ey credits effects in dis nds belonging to the de
PENDANT, noI Is indebted to the defendant in sum
sufficient satisfy such Judgment and costs and dis
bursements such costs and disbursements may be in
serted in ia Judgment in the action in which such
proceedings shah be commenced and be collected
Herewith.
Sec. 8. This act shall take effect and be in force
from and aft sr its passage and publication.
Approved HaTc4I a. 1871.