Baumgarden v. American National Bank & Trust Co.

The finance corporation recovered several judgments against N. W. Baumgarden, on which having failed to collect by execution it brought suit in garnishment under chapter 62 of the Ill. Rev. Stat. 1943 [Jones Ill. Stats. Ann. 109.284 et seq.]. It caused the American National Bank and Trust Company to he summoned as garnishee. The garnishee was dismissed and plaintiff appeals.

There is no dispute as to the facts, all of which are settled by the pleadings. The garnishee three times answered that it had received and holds certain proceeds of trust funds for the benefit of the judgment debtor,…