26 Wis. 44 | Wis. | 1870
The plaintiffs in this suit instituted proceedings before a court commissioner for the purpose of garnishing parties who were alleged to he indebted to the defendant. While those proceedings were pending, the circuit court intervened, on motion of the defendant, and made an order dissolving, vacating and setting them aside. From that order this appeal is taken.
The motion and order were made upon the papers on file in this action, and also upon the papers on file in the action by the defendant against Harrison, one of the garnishees, which was pending in the same court.
We do not see that any of these papers furnish or suggest any ground, whatever, for setting aside the garnishee proceedings. The respondent procured a further return, but instead of bringing up, under the certificate of the clerk of the court, any further papers upon which the court below acted in making the order, which could alone have been proper as a further return, he obtained a certified statement, by the court commissioner, of the facts occurring before him in the garnishee proceedings. This cannot be considered.
By the Court. — The order is reversed, and the cause remanded for further proceedings.