Gerdes v. Klindt's, Inc.

Gene Gerdes obtained a default judgment against Melvin Klindt and Klindt’s, Inc. (Klindt), for the value of seed grain allegedly delivered to a third party, Marvin Stumpf. The default judgment was awarded after Klindt issued an insufficient-fund check to pay for the seed grain. Gerdes then attempted to collect on the default judgment by instituting garnishment proceedings against Stumpf. The garnishment was quashed, and a verdict was directed in Stumpf’s favor. Gerdes appeals. We reverse the judgment, and remand the cause for a new trial.

SCOPE OF REVIEW

It is not the trial court’s prerogative…