Insurance Co. of North America v. Barker

OPINION

MASSEY, Chief Justice.

Mrs. Jack E. Barker, intervenor in a garnishment before judgment proceeding, sought to have it declared that the deposit in her name in the garnishee bank was her sole and separate property. Suit to which the garnishment was ancillary was one against her husband for debt, filed by the Insurance Company of North America.

Mrs. Barker moved for summary judgment freeing her deposit, with her motion supported by affidavits of her father-in-law and husband as well as her own. The proof supplied thereby was to the effect that the original amount deposited, when the…