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LIBERTY LOAN CORP. & AFFILIATES v. EIS

No. 2.

69 Wis.2d 642 (1975)

230 N.W.2d 617

LIBERTY LOAN CORPORATION & AFFILIATES, Plaintiff and Appellant, v. EIS, Defendant and Respondent: PRICE ERECTING COMPANY, Garnishee Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Roy T. Traynor of Wausau.

For the garnishee defendant-respondent the cause was submitted on the brief of Whyte, Hirschboeck, Minahan, Harding & Harland, S. C., of Milwaukee, attorneys, and James W. Mohr, Jr. of Milwaukee and Dale D. Miller and Trembath, Hess & Miller, S. C., of Wausau, of counsel.

Submitted under sec. (Rule) 251.54 June 5, 1975.

WILKIE, C. J.

In this garnishment action, plaintiff appeals from an order reopening a default judgment taken against garnishee defendant Price Erecting Company, dismissing the garnishment action, and imposing a $10 forfeiture on the plaintiff because the garnishee summons and complaint were not served within ten days following the date of service on the principal defendant, contrary to sec. 267.10 (2), Stats...

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