Beatty v. Conner

EDWIN H. SMITH, Judge.

This appeal comes to us from an intriguing procedural history which will be further set forth with the facts of the case. The case is an appeal from a successful attempt to set aside a default judgment. The issue before us is whether a default judgment entered for failure to answer interrogatories is void or merely irregular for purposes of Rule 74.06(b) when the plaintiff offers no proof that the garnishee owes a debt to the judgment debtor.

FACTS

The appellants, Mr. and Mrs. Beatty, obtained a judgment against Entertainment Investment Corporation (EIC), the underlying…