24 Wis. 647 | Wis. | 1869
We think the court erred in rendering judgment against the garnishee. His answer shows that he was neither indebted to the judgment debtor,
Upon the examination of the garnishee, he was asked if, since the service of the garnishee notice, he had received any money, goods or effects belonging to the judgment debtor. Under the advice of his counsel he declined to answer the question. It is suggested in the brief of the counsel for the respondent, that the court gave judgment against the garnishee because he refused to answer this question. The statute provides that where the garnishee refuses to answer all proper questions propounded to Mm, the court may punish him by fine or imprisonment, or both, at its discretion, and may also render judgment against such garnishee for the amount of the execution and costs thereon. Laws of 1862, chap. 249, sec. 3. The question asked in this case was not a proper one. The liability of the garnishee is confined to indebtedness existing, or property in his hands or possession belonging to the judgment debtor “at the time the notice to appear and answer was
By the Court. —The judgment of the county court is reversed, and the cause remanded with directions to render judgment on the answer for the garnishee.