Guthmann v. Adco Dry Storage Battery Co.

Mr. Presiding Justice Matchett

delivered the opinion of the court.

In this case, “The Adco Dry Storage Battery Co., a common-law trust,” defendant in the trial court, appeals from a judgment in the sum of $5,000 entered upon the finding of the court, motions for a new trial and in arrest of judgment having been overruled.

Although the proceeding below was in the municipal court, the suit purported to be brought in assumpsit and after it was begun an attachment in aid was issued and Greenbaum Sons Bank and Trust Company summoned as garnishee. The praecipe, summons and attachment were all directed…