M. Shonsey Company v. Belgrade-Hord Company
| Decision Date | 11 February 1938 |
| Docket Number | 30164 |
| Citation | 277 N.W. 597,133 Neb. 886 |
| Parties | M. SHONSEY COMPANY, APPELLANT, v. BELGRADE-HORD COMPANY ET AL., APPELLEES |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Merrick county: FREDERICK L SPEAR, JUDGE. Affirmed.
AFFIRMED.
Syllabus by the Court.
" A judicial order on a garnishee to turn over money or property in aid of execution can be made only upon an unqualified admission by him of a present indebtedness which the execution debtor would be entitled to but for the garnishment." Early v. Belgrade-Hord Co., Neb., 277 N.W. 596.
Appeal from District Court, Merrick County; Spear, Judge.
Garnishment proceedings by the M. Shonsey Company against the Belgrade-Hord Company, the Lakeside Ranch Company, and Heber Hord. From a judgment discharging the Lakeside Ranch Company and Heber Hord, the plaintiff appeals.
Affirmed.
H. G Wellensiek, for appellant.
Morsman & Maxwell and E. J. Patterson, contra.
Heard before GOSS, C. J., ROSE, DAY, PAINE, CARTER and MESSMORE, JJ., and MUNDAY, District Judge.
This is a garnishment proceeding in aid of execution. Upon a hearing in response by the garnishees to the summons, the district court discharged them and plaintiff appealed.
The M. Shonsey Company, plaintiff, recovered in the district court for Merrick county, October 15, 1934, a judgment for $ 2,277.50 against Belgrade-Hord Company, defendant. Execution on the judgment was issued January 9, 1936, and returned by the sheriff nulla bona. On behalf of plaintiff an affidavit for garnishment in aid of execution was filed in the district court June 16, 1936, pursuant to statute. Comp. St. 1929, sec. 20-1056. Affiant stated he had good reasons to believe and did believe that Heber Hord and the Lakeside Ranch Company had property of, and were indebted to, Belgrade-Hord Company, defendant. They were summoned by the sheriff as garnishees June 16, 1936, to answer under oath all questions touching the goods, chattels, rights and credits of defendant in their possession or under their control.
Heber Hord, personally, and as president of Lakeside Ranch Company, was examined under oath. After the hearing the district court found that garnishees had no property of defendant and were not indebted to it. The garnishees were consequently discharged. On appeal plaintiff assigned error in the finding and judgment below.
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