Huck-Gerhardt Co., Inc. v. Davies

Opinion by

Rhodes, J.,

The basic question involved in this appeal is whether the evidence warrants the inference drawn by the trial judge, sitting without a jury, that defendant James P. Davies was an independent contractor employed by appellant garnishee.

Plaintiff had a judgment against James P. Davies and Jeannette L. Davies. An attachment sur judgment was issued and served on George Royle & Company as garnishee on December 20, 1933. Answer was filed to the interrogatories admitting that garnishee owed de fendant James P. Davies as wages in his own right the sum of $37.88, and as agent the…