25 Wis. 691 | Wis. | 1870
■ It is exceedingly doubtful whether the defendant is liable at all to the process of garnishment under the statute, for the property taken and used
But if we are wrong in this view (a point which we do not positively decide), and the statute should receive that liberal construction contended for by the counsel for the plaintiff, so as to charge the garnishee for the value of property thus obtained and used, then we should be bound to give the same liberal and equitable construction to save all just rights of the garnishee. If the St. Paul company is to be charged with the value of the property, it must be because the claim is, within the meaning of the statute, in the nature of a debt due from it to the Minnesota company. In that case the right of set-off would exist in favor of the former for any debt or sum of money due to it from the latter upon contract, expressed or implied. The St. Paul company in this case established such a claim against the Minnesota company, to an amount far exceeding the value of the property. The use of the rolling stock belonging to the St. Paul company, and obtained by the Minnesota company under an erroneous order of the circuit court of the United States for the district of Wisconsin, which order was subsequently reversed by the supreme court of the United States, is admitted to have been reasonably worth the sum of $25,000. The supreme court decided that the rolling stock belonged to the St. Paul company, and that the Minnesota company never had any title to or interest in the same, nor right to the use or possession thereof. 6 Wallace, 742. It is not pretended that the St, Paul company was ever in any manner compensated
By the Court. ■— Judgment affirmed.