State Bank & Trust Co. v. Newby

Birdsong, Judge.

This appeal arises from the trial court’s judgment in favor of Newby after trial on Newby’s traverse to State Bank and Trust Company’s affidavit in support of this garnishment proceeding. The trial court’s judgment was based solely upon the finding that State Bank “failed to produce competent evidence of its right or legal title to the proceeds of the garnishment by assignment or otherwise, nor plead the real party in interest within a reasonable time after objection. . . .”

This garnishment proceeding was brought in the name of State Bank & Trust Company, but is based upon a…