Jennings & Sons, Inc. v. Howard

The respondent, J. W. McDonald’s only exception and assignment of error is to the signing of the judgment in the court below. This exception and assignment of error cannot be sustained.(1) The petitioner, appellee, claims the fund in controversy under an assignment of the judgment made by S. J. Biggers, on 14 September, 1936.(2) The respondent, J. W. McDonald, claims an assignment thereafter, on 5 November, 1936, and priority, as same was recorded on the judgment docket.

In the facts found it appears: “That said second or subsequent assignment of said judgment to J. "W. McDonald, as aforesaid,…