Cohen v. Exchange Nat. Bank of Tulsa

RILEY, O. J.

This is an appeal from an order granting defendant in error, garnishee below, a new trial.

On December 14, 1928, defendant in error took a chattel mortgage from the Phoenix Pipe & Supply Company, covering a stock of merchandise owned by the mortgagor. No notice was given to the creditors of the company. On March '24, 1930, plaintiff in error obtained a judgment by default against the Phoenix Pipe & Supply Company. This judgment beinjg unpaid, plaintiff in error, on September 27, 1930, filed an affidavit for garnishment against the defendant in error. The garnishee summons was…