White v. White

• Citation: 194 N.E. 355,208 Ind. 314
• Decision Date: 23 February 1935
• Docket Number: 26,310
• Parties: White v. White
• Court: Indiana Supreme Court

194 N.E. 355

208 Ind. 314

White v. White

No. 26,310

Supreme Court of Indiana

February 23, 1935

From Wayne Circuit Court; Gustave H. Hoelscher, Judge.

Action by Manuel White against Charles White, wherein plaintiff obtained a judgment and a garnishment execution. From a judgment denying defendant's motion to quash the garnishment execution, he appealed.

Reversed.

William S. Clendenin, for appellant.

J. Brandon Griffis and Feemster & Feemster, for appellee.

OPINION

Tremain, J.

The judgment of the trial court in this case depends upon the validity of Chapter 61, Acts 1925. In Lyle Martin v. Rudolph Loula, etc., et al. (1935), post 346, 208 Ind. 346, 194 N.E. 178, the chapter is held to be unconstitutional and void. Upon that authority the judgment is reversed, and the trial court is instructed to sustain appellant's motion to quash the execution.