Keys v. Smallwood

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment in garnishment proceedings.

The plaintiff, A. W. Keys, recovered judgment for $405.15 and costs against defendant, H. W. Smallwood, upon an agreement between them that each would pay half the medical, hospital and funeral expenses incident to the death of plaintiff’s son caused by the negligent discharge of a shotgun carried by defendant’s son. Touching the binding force of that judgment there is no controversy. The present action has to do with plaintiff’s efforts to realize upon it.

On July 27, 1939, an…