Fiske v. Fiske

The opinion of the court was delivered by

Owsley, J.:

This appeal is taken from an order of the district court dismissing plaintiff’s garnishment of her former husband’s wages. The district court stated there was no judgment on which garnishment could issue. We must determine whether the provisions of a separation agreement incorporated in a divorce decree become a judgment enforceable by garnishment.

The facts are undisputed. Plaintiff Ellen L. Fiske sued defendant Raymond B. Fiske for divorce. The parties entered into a stipulation agreement purporting to make a final and binding setttlement…