United States Pipe & Foundry Co. v. Holcomb Pipe Lines, Inc.

Our prior opinion dated July 25, 1972 is withdrawn and the following opinion is substituted therefor.

A writ of garnishment in aid of the district court’s judgment was served on the executor of a Florida estate. The executor denied any indebtedness despite the fact that the judgment debtor then held a sizable unsatisfied judgment against the estate as the result of an independent action. The executor took the positions (1) that this latter judgment against the estate amounted to no more than a claim and did not constitute an indebtedness subject to garnishment, and (2) that a writ of…