812.16 Principal action tried first; judgment.
(1) No trial shall be had of the garnishment action until the plaintiff has judgment in the principal action and if the defendant has judgment the garnishment action shall be dismissed with costs.
(2) The court may adjudge the recovery of any debt, the conveyance, transfer or delivery to the sheriff or any officer appointed by the judgment of any real estate or personal property disclosed or found to be liable to be applied to the plaintiff's demand; or by the judgment pass the title thereto; and may therein or by its order direct the manner of making sale and of disposing of the proceeds thereof, or of any money or other thing paid or delivered to the clerk or officer. The judgment against a garnishee shall discharge the garnishee from all demands by the defendant for all property paid, delivered or accounted for by the garnishee, by force of such judgment.
History: Sup. Ct. Order, 67 Wis. 2d 585, 759 (1975); Stats. 1975 s. 812.16; 1993 a. 486.
Cross-reference: See s. 811.14 for sale of perishable property.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
812.01 - Commencement of garnishment.
812.02 - Garnishment before and after judgment.
812.04 - Garnishment actions; how commenced; summons.
812.05 - Garnishee complaint before and after judgment; several garnishees.
812.06 - Garnishee fees, costs.
812.07 - Service on garnishee and defendant.
812.13 - Payments by garnishee; releases.
812.14 - Answer conclusive if no reply by plaintiff; procedure following reply.
812.15 - Defendant or garnishee may defend both actions.
812.16 - Principal action tried first; judgment.
812.18 - Liability of garnishee.
812.19 - Nonliability as garnishee; judgment when rendered.
812.20 - Action by defendant against garnishee stayed.
812.21 - Release of garnishment; bond.
812.32 - Earnings garnishment generally.
812.35 - Commencement of action.
812.40 - Stipulated extension.
812.405 - Garnishment of earnings to satisfy an order for restitution.
812.42 - Garnishment of earnings of public officers and employees.
812.43 - Retaliation by garnishee for earnings garnishment forbidden.