Liedersdorf v. Meissner

• Citation: 173 N.W. 218,169 Wis. 484
• Parties: LIEDERSDORF v. MEISSNER (KRESS, GARNISHEE).
• Decision Date: 25 June 1919
• Court: United States State Supreme Court of Wisconsin

169 Wis. 484

173 N.W. 218

LIEDERSDORF

v.MEISSNER (KRESS, GARNISHEE).

Supreme Court of Wisconsin.

June 25, 1919.

Appeal from Circuit Court, Washington County; Martin L. Lueck, Judge.

Action by Carl B. Liedersdorf against Herman C. Meissner, defendant, and George Kress, garnishee. From a judgment against garnishee, on appeal from a justice court, garnishee appeals. Affirmed.

The action was commenced in justice court, and judgment entered in favor of the garnishee and against the plaintiff, and an appeal taken to the circuit court, where a new trial was had. The facts were stipulated, and judgment was rendered in favor of the plaintiff and against the garnishee for the sum of $115.64 and costs.

The action was brought by the respondent against Kress as garnishee to hold him liable upon an indebtedness due from the defendant, Meissner, to the respondent under the provisions of Stat. § 2317c, and sections following, known as the “Bulk Sales Law.” Kress, garnishee, purchased from the defendant, Meissner, his lease of a building used as a saloon, together with stock in trade and fixtures, for the sum of $650. While the garnishee held the purchase money in his hands under a bill of sale, garnishee proceedings were commenced against him. There was also an execution in the hands of the sheriff against the defendant, Meissner. The garnishee, Kress, paid from the purchase money in his hands under orders of the court $394.36 to creditors of defendant, Meissner, and upon an execution in the hands of the sheriff. He also paid the sum of $140 to a brewing company, another creditor of defendant, and the balance, $115.64, was paid to Meissner before the commencement of the present action. The garnishment in the instant action was not in aid of execution.

The appeal in this action is from the judgment of the circuit court.Russell & Foote, of Hartford, for appellant.

S. Fred Wetzler, of Milwaukee (Sol. J. Weil, of Milwaukee, of counsel), for respondent.

KERWIN, J. (after stating the facts as above).

[1] 1. It is clear from the record that no part of the proceeds of the sale in question was exempt.

[2] 2. Point is urged that there is not sufficient evidence to show that judgment was entered against the principal defendant, hence no judgment could be rendered against the garnishee. The facts were stipulated, and the return of the justice of the peace to the circuit court was made a part of the stipulation, which shows that judgment had been entered...