Ettelson v. Sonkopp

<p>Abstract of the Decision.</p> <p>1. Exemptions, § 17*—when exemption in property passes to proceeds of purchase price. The mere fact that property sold by a husband and mortgaged back to him is exempt from sale on execution does not invalidate the sale by him, and any exemption which might have been claimed as to such property passes from the property to the purchase price on the transfer.</p> <p>2. Fraudulent conveyances, § 15*—when Bulk Sales Act inapplicable. The Bulk Sales Act [Callaghan’s 1916 St. Supp. f 10021(1) et set?.], does not apply to a transaction which does not involve a sale of merchandise, but of the fixtures, utensils and a horse and wagon used by the seller in conducting a butcher shop.</p> <p>3. Garnishment, § 63*—when no recovery against garnishees proper. Where the judgment of plaintiffs in garnishment did not become a lien on the debtor’s personalty until 15 days after he had transferred it to the garnishees and 13 days after the recording of a chattel mortgage thereon from the garnishees to such debtor, plaintiffs in garnishment cannot recover against the garnishees.</p> <p>4. Garnishment, § 146*—when judgment for intervening petitioners not disturbed. Even though the judgment in a garnishment proceeding in favor of an intervening petitioner is informal in form, it will not be disturbed on appeal where it is not disputed for that reason by any of the parties.</p> <p>5. Appeal and error, § 1709*—waiver by court of error in failing to separately doclcet distinct appeals. Where there are two appeals in a record, each separate and distinct, each should be docketed separate, but the Appellate Court will, in its discretion, waive the irregularity in the interests of justice.</p>