Hollander v. Kressman

Opinion by

Hirt, J.,

The appeal in this action of attachment sur judgment questions the refusal of the lower court to enter judgment in favor of the garnishee notwithstanding the verdict.

In 1935 the defendant Kressman, then the owner of a number of trucks, contracted with Gorberg the present garnishee to haul his produce at a package rate. In 1937 a judgment for $1,500 was entered by the plaintiff Hollander against Kressman and his trucks were seized on execution and were sold in January 1938. On January 28, 1938 plaintiff served Gorberg with the attachment sur judgment involved in this appeal.…