33 Wis. 510 | Wis. | 1873
The objection that the circuit court did not acquire jurisdiction of the garnishee suit by the appeal which was taken, cannot prevail. The defendant in the main suit appeared in the municipal court in the garnishee proceeding, and gave notice in writing that he claimed the moneys mentioned in the plaintiff’s affidavit, as exempt, because he was a married man and had to provide for the entire support of a family, and that such moneys were earnings due him from the garnishees for labor performed within sixty days. In other words, the principal debtor becomes a party to the garnishee proceeding, as he was authorized to do under ch. 161, Laws of 1871. The debtor made'the affidavit, and gave the notice of appeal, required by sec. 205, ch. 120, R. S. The garnishee suit is properly entitled — the names of the parties to it-being given, and the court in which the judgment was rendered ; and the notice of appeal and affidavit are in the action on the same page — the affidavit referring to “ the foregoing appeal,” and of course subscribed and sworn to by the debtor as one of the defendants. It seems to us that this was conforming to the requirements of the statute “ with the uttermost exactness,” and gave the circuit court jurisdiction of the cause on appeal.
The principal question arising in the case is one of considerable interest and importance to a large class of laborers, namely, whether the moneys garnished were exempt as the “ earnings ” of the debtor under our statute. .Sec. 40, ch. 134, Tay. Stats., provides that the earnings of all married persons, or persons who have to provide for the entire
We assume, as we think we have the right to, upon the facts disclosed, that the debtor had but one team, and that the debt due him by the garnishees was for work performed by him and his team in hauling lumber and wood; in other words, that the debt was the gross earnings of the laborer and of his team, itself exempt property. Eor our statute, among other things, expressly exempts a yoke of oxen and one horse or mule, or, in lieu of one yoke of oxen and one horse or mule, a span of horses, or a span of mules, and the necessary food for one year’s support of such stock, either provided, or growing, or both ; and also one wagon, cart or dray, including tackle for teams not exceeding fifty dollars in value. Subd. 7, sec. 32, ch. 134. And it seems to us that whatever the debtor — being a married person and having a family to support — may earn with his exempt team, wagon or dray, and tackle, may fairly be considered as constituting “ the earnings ” which are exempt
By the Court. — The judgment of the circuit court is affirmed.