Schmidt v. Blankschien

Considerable confusion seems to have attended the various steps taken by the plaintiff in the garnishee action. The trial court with some degree of justification complains of the confusion. No matter who is to blame, the result has been that the real question in issue has not been tried. In its findings of fact the trial court found the Sunshine Dairy Company indebted to the Seneca Cheese Factory, a de facto corporation, and in the memorandum opinion it is stated “In the absence of a right on the part of Bernstein to make collection of the amount due to Seneca Cheese Factory on the grounds of…