Johnson v. Lundeen
Montana Supreme Court
Appeal from District Court, Musselshell County; George P. Jones, Judge. Action by W. H. Johnson and another, copartners, against A. M. Lundeen and another, in which the Bank of Twin Bridges was served with execution and notice of garnishment, and from an order that it pay over money to be applied to the judgment in the action. The bank appeals.
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Appeal from District Court, Musselshell County; George P. Jones, Judge. Action by W. H. Johnson and another, copartners, against A. M. Lundeen and another, in which the Bank of Twin Bridges was served with execution and notice of garnishment, and from an order that it pay over money to be applied to the judgment in the action. The bank appeals. Under statutes identical to sections 6853 and 6854 of Revised Codes of Montana of 1907, the courts of the various states hold that an order to surrender property in the hands of third parties cannot be legally made except upon admission of garnishee…
1Opinion of the Court
MR. COMMISSIONER SPENCER
delivered the opinion of the court.
On June 12, 1919, the plaintiffs caused execution to issue upon a judgment theretofore made and entered in their favor against the defendants. Service of the execution was had upon the Bank of Twin Bridges, together with notice of garnishment, seeking to levy upon moneys supposed to be in the possession of the bank, belonging to defendants. In answer to the garnishment the bank in substance denied being *148indebted to defendants or having in its possession any of their property. Pursuant to the statutes governing proceedings…
2Cases cited6 opinions
- Wilson v. HarrisMontana Supreme Court · 1898
- Lewis v. ChamberlainCalifornia Supreme Court · 1895
- Hartman v. OlveraCalifornia Supreme Court · 1876
- In re DowneyMontana Supreme Court · 1904
- Everton v. ParkerWashington Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. LovelessNevada Supreme Court · 1944
- Hustad v. ReedMontana Supreme Court · 1958
- Brindjonc v. BrindjoncMontana Supreme Court · 1934
- Andolino v. StateNevada Supreme Court · 1983
- Edenfield v. C v. Seal Co., Inc.Montana Supreme Court · 1928
6 more not listed; retrieve them via the Exa API.