Arthur v. Hale
Supreme Court of Kansas
Error from Wyandotte District Court. ■ On the 16th of April, 1868, Robert Hale recovered a judgment in the "Wyandotte District Court against J. W. Bell, B. B. Bell, and A, Y. Bell. Execution was issued, and returned unsatisfied. Thereupon, J. Q,, as agent for said Hole, made an affidavit alleging that “ John Arthur, of Wyandotte county, has in his hands moneys belonging to said judgment debtors, due and owing to them by said Arthur.”
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Error from Wyandotte District Court. ■ On the 16th of April, 1868, Robert Hale recovered a judgment in the "Wyandotte District Court against J. W. Bell, B. B. Bell, and A, Y. Bell. Execution was issued, and returned unsatisfied. Thereupon, J. Q,, as agent for said Hole, made an affidavit alleging that “ John Arthur, of Wyandotte county, has in his hands moneys belonging to said judgment debtors, due and owing to them by said Arthur.” Upon this affidavit an order was issued to said Arthur, requiring him to appear and answer touching his liability as garnishee of said Bells. The record shows…
1Opinion of the Court
The opinion of the court was delivered by
Safford, J.:
The order complained of in this case was made by the judge of the district court in a proceeding in aid of an execution, which was prosecuted under and by virtue of the provisions of the code of 1862, Comp. L., ch. 26, §476, ei seq.
1. Error -will not tatpmnsn>ee’ shown. *1653. garnishee— . límade-l may 3._.buterror cuSou!d exe" *164Several objections are urged as to the validity of the said order, and the regularity of the proceedings by which it was obtained; but owing to the condition . . ° of the record which is brought to this court, they…
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