Loomstein v. Mercantile Trust National Ass'n

DOWD, Chief Judge.

This is an appeal from an order granting defendant’s motion to quash an execution and garnishment on a judgment against defendant. The judgment was entered in a divorce action and contained, in part, a provision that the defendant would pay all sums necessary for his daughter’s college and graduate school tuition, books, room and board. No specific sums for that education or methods to compute them were included. This provision was part of a stipulation executed by the parties and made part of the decree.

On November 6, 1972, the plaintiff ordered an execution and garnishment…