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STROIK v. KOBIDA

257 Wis. 456 (1950)

STROIK and another, Plaintiffs and Respondents, vs. KOBIDA, d/b/a GREYS MOTOR SERVICE, Defendant: KREUTZMANN, Garnishee Defendant and Appellant.

Supreme Court of Wisconsin.

October 3, 1950.

Attorney(s) appearing for the Case

For the appellant there was a brief by Miller, Mack & Fairchild and Joseph R. Barnett, all of Milwaukee, and oral argument by Mr. Barnett.

For the respondents there were briefs by Atwell & Atwell of Stevens Point, and oral argument by W. E. Atwell.

FRITZ, C.J.

The following facts stated in Kreutzmann's affidavit on his motion to vacate the judgment directing him to pay the $500 into court are apparently undisputed: That prior to the service of the garnishee summons and complaint upon him on October 2, 1948, Kreutzmann had never been joined in an action as a garnishee defendant and was unaware of the proper course of action to be taken, and he knew no lawyer in the Stevens Point area in which he was then working...

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