Herd v. Chambers

The opinion1 of the court was delivered by

Wedell, J.:

This is an appeal by the plaintiff from an order vacating and setting aside a default judgment in rem on the motion of the garnishee defendant. The principal defendant is not a party to the appeal and his rights or liability are not involved. The controversy is solely between plaintiff, the appellant, and the garnishee defendant, appellee.

The appellant, June E. Herd, a resident of the state of Missouri, *56filed an action in the district court of Sedgwick county against the defendant, Stanley N. Chambers, also a resident of Missouri, to…