was to be "regarded as an individual having in his hands property of the bank, liable in law for the satisfaction of its debts, and the fact that he happened at the same time to be its president constitutes no excuse whatever for the refusal to surrender such property," or answer concerning it. In Curtis v. Bradford, 33 Wis. 190, a garnishee proceeding against the agent of a Michigan railway company, in an action against the company for a personal injury brought in the courts of this state, was regarded as regular and proper. In Everdell v. Sheboygan etc. Ry. Co., 41 Wis. 395, a proceeding under section 103 of chapter 134 of 2 Taylor's Statutes, quite analogous to the proceeding by garnishment, and which was treated by the court as substantially the same, it was held that the paymaster of the railroad company was subject to such proceeding, in respect to the moneys of the railroad company in his hands as such. And in Felch v. Eau Pleine etc. Co., 58 Wis. 431, the agent of the company 614 was held liable to garnishment, at the suit of a creditor of such company, in respect to moneys which he had collected and held for it as such agent. In general, an agent holding the property of his principal is subject to garnishment by the creditors of his principal, by reason of the money or property held by him as such agent: Rood on Garnishment, sec. 43; Storm v. Cotzhausen, 38 Wis. 139; Greene etc. Co. v. Remington, 72 Wis. 648. The fair result of the cases in this state, we think, sustains the contention that an officer or agent of a private corporation may be garnished by its creditors in respect to money or property in his hands belonging to it. The officers or agents of public corporations, or quasi public officers, are not liable to the proceeding in respect to money in their hands as such upon grounds of public policy, but it cannot be fairly said that the liability of an officer or agent of a private corporation is affected by any such considerations any more than that of an agent of a natural person in a similar case. While, in the present case, the garnishee is an officer of the corporation, exercising certain official functions in the internal administration of the affairs of the company, he is still, as to the public, but an authorized agent of the corporation, with more or less extensive powers. When the officer has the actual possession and the physical control of the moneys of the corporation, it would seem to be an unsubstantial refinement to deny the remedy because the debtor himself has a right to control the application and use of the funds. The language of the statute is very broad, and it is a remedial one and should be liberally construed. There can be no sound reason for holding that a private corporation, as a debtor, is entitled to put its moneys or property into the hands of one of its officers or agents, and enjoy an immunity from the proceedings of creditors to reach it by garnishee process, denied to a natural person who puts his money or property in the hands of his agent. 615 The objection that sustaining the garnishment in question is to sustain a proceeding which is practically a garnishment of the debtor defendant is really quite technical and without substantial merit. 2. The judgment of the superior court was appealable. The amount involved in that court was the amount of the judgment which the creditor had recovered against the corporation in justice's court, which exceeded one hundred dollars. The question was whether the plaintiff was entitled to have it satisfied out of the moneys actually in the hands of the treasurer, the garnishce. There was no occasion, therefore, for any certificate of the judge of that court to confer jurisdiction of this appeal. We hold, therefore, that the judgment of the superior court is erroneous. By the Court. The judgment of the superior court is reversed, and the cause is remanded for further proceedings according to law. GARNISHMENT OF OFFICER OF CORPORATION UPON DE MAND AGAINST IT.-The controlling characteristic of the remedy by garnishment is that the liability of the garnishee must originate in, and be dependent on, contract: Cunningham v. Baker, 104 Ala. 160; 53 Am. St. Rep. 27. While in the nature of a proceeding in rem, It is, in effect, an action by the defendant in the plaintiff's name against the garnishee, the purpose and result of which are to subrogate the plaintiff to the rights of the defendant against the garnishee: Neufelder v. German-American Ins. Co., 6 Wash. 336; 36 Am. St. Rep. 166. The treasurer of a corporation is not liable to garnishment of a debt of the corporation, as the funds of the corporation are not at his individual disposal: Neuer v. O'Fallon, 18 Mo. 277; 59 Am. Dec. 313. The case just cited is opposed to reason and the weight of authority, as is shown by the opinion in the principal case. INDEX TO THE NOTES. ALTERATION OF WRITINGS, by a holder thereof, when avoids ARREST, search of person unlawfully arrested, 228. without warrant, when justified, 228. ASSAULT AND BATTERY, liability of corporations for, 592. BANKRUPTCY PROCEEDINGS, Injunction against prosecuting an action in another state or country to avoid effect of, 880. BUILDING CONTRACTS, acceptance where they have not been decisions permitting recovery upon without full performance, destruction of building before its completion, 285, 286. loss of building before completion, who must suffer for, 286. performance of prevented by one of the parties, 288, 289. recovery of moneys paid upon where the property is destroyed specifications, work upon must be done in accordance with, 286 when entire, 280, 285. CARRIERS, liability of to exemplary damages, 601. liability of, when commences, 70. CHURCH PROPERTY, diversion of, what constitutes a breach of CONTEMPTS OF COURT, justices of the peace, when may punish CONTRACTS, act of God preventing performance, effect of, 282. building contracts, acceptance where contract has not been building contracts, decisions permitting recovery upon without building contracts, destruction of building before Its comple- building contracts. loss of building before completion, who must CONTRACTS, building contracts, payments to be made in install. building contracts, performance of prevented by one of the par- building contracts, recovery of moneys paid upon where prop- building contracts, when divisible, 288. building contracts, when entire, 285. building contracts, work upon must be done according to speci- condition subsequent, performance of, when excused, 282. divisible, contracts for the purchase of different articles at spec- divisible, instances of 279, 280, 298. divisible, part performance of entitles party to recover for, 284. divisible, when they apportion payments to differents parts of entire, accepting benefits of an imperfect performance of, 284. entire, building contracts, when are, 280, 286, 287. entire, conditions precedent must all be performed, 281. entire, contract for delivery of property in installments, 278. entire, contract not to engage in business in a designated city entire. contracts to do work or furnish materials are, 293. entire, full performance is essential to recovery upon, 282-284. entire, instances of, 278, 279. entire, instances of where there must be a full performance to entire, intention of the contracting parties determines whether entire, part performance of does not create obligation to pay, entire, part performance need not be accepted, 281. entire, personal services, contracts for are, 289, 290. entire, preventing performance of gives adverse party a right to entire, principles controlling, 277. entire, purchase at an auction sale is, 278. entire, quantum meruit upon where there has not been a full entire, sales of personal property, contracts for, when are, 291. for permanent employment, meaning and validity of, 450. CONTRACTS founded upon prior illegal contracts, 638. full performance of is not excused by an act of God nor by In- full performance of, when essential to recover upon, 281. illegal, relief, whether may be granted to the party least culpa- of sale forbidden by law, 639. of sale, made without taking out a license, 639. officer or agent not authorized to enter into cannot ratify, 639, personal services, contracts for must be fully performed to en- ratification by municipal corporation of unauthorized, 640. ratification of by infants, 639. ratification of by married women, 640. ratification of by municipal corporation, when may take place, 640. ratification of forgeries, 641. ratification of illegal, 638. ratification of usurious, 639. ratification of void, 638. ratification, when based upon illegal consideration, 639, ratification, when made on Sunday, 641-643. ratification, when procured by fraud, 640. sales, contracts of, when entire and when divisible, 291-293. stock gambling, what are not, 308. to deal in futures or margins are void, 308. to do illegal acts, 638. void, instances of, 638. when entire and when divisible, 278. CORI'ORATIONS. agents upon whom service of process against assault and battery by their servants, liability for, 592. assets of old corporation transferred to new, right of creditors banks, conversion of state into national and vice versa, 553, 554, borrowing money to make purchases of their own stock, 758, change in name of does not relieve from liability, 549. confession of judgment by to give a preference to an officer, consolidation of, actions at law may be maintained against |