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MOSKOWITZ v. MARK

No. 59.

41 Wis.2d 87 (1968)

163 N.W.2d 175

MOSKOWITZ, Receiver, Plaintiff and Respondent, v. MARK (PETER), Defendant: VANDER HEYDEN, Garnishee Defendant and Appellant: MARK (MARIAN), Garnishee Defendant.

Supreme Court of Wisconsin.

Decided December 20, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Larry J. Ratzel of Milwaukee.

For the respondent there was a brief and oral argument by Henry C. Friend of Milwaukee.

ROBERT W. HANSEN, J.

The plaintiff-respondent argues that a state court receiver, who is subrogated to the rights of creditors, is authorized by statute to pursue "provisional remedies,"1 that garnishment has been termed a provisional remedy,2 and that a court-appointed receiver may and should be able to bring actions of garnishment to carry out his duty to gather in the assets of the estate.

Garnishee...

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