Gibson v. Auxier

STANLEY, Commissioner.

The question concerns the right of attaching creditors to recover $420 which had been, retained by their debtor’s employer upon a defective garnishment by another creditor, to whom the fund was adjudged.. On January 25, 1952, A. J. Auxier sued L. D. Huffman to recover $800 on a debt and had an order of attachment issued. A summons as garnishee issued for J. C. Collieries, Incorporated. It was served upon. J. E. Robinson, auditor of the company.

On February 4, 1952, H. M. Gibson and J. E. Belcher, partners, d. b. a. B. & G. Motor Company, sued Pluffman to recover $538 ón a…