Lewis v. Barnett

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case involves the right of a judgment creditor to subject to garnishment an unliquidated claim of the judgment debtor for damages in tort. The trial court upheld the garnishment, and the garnishee appeals.

The plaintiffs are the assignees of one W. L. Harsha for the benefit of creditors. Harsha had, as a merchant, sold goods, wares and merchandise to R. S. Barnett, and the assignees recovered a judgment against Barnett on an account and on two notes for such merchandise in the sum of $589.24. Such judgment was rendered…