E. J. Beach & Sons v. Fitzgerald

This is a summary proceeding under G. S. 1913, § 929, to compel James Fitzgerald, the sheriff of Wilkin county, to pay to the plaintiff money collected upon an execution. The court denied the plaintiff relief and it appeals.

On August 22, 1922, the sheriff collected $67.79 on an execution in favor of the plaintiff. On the same day he was garnished in an action against the plaintiff. He notified the plaintiff’s attorneys. The plaintiff did not appear in the garnishment proceedings. Later *370judgment was entered against the plaintiff in this action, and against the sheriff as garnishee for $24.03.…