Higgins v. Simmons

BECTON, Judge.

This appeal arises from an attachment and garnishment proceeding instituted by plaintiff, Larry Higgins, against Greensboro National Bank (GNB), as garnishee, to satisfy a debt owed to Higgins by defendant, Samuel David Simmons, from funds of Simmons which were allegedly on deposit at GNB. From a final judgment in favor of Higgins against GNB in the amount of $4,200 with interest and costs, GNB appeals. We conclude that, due to the insufficiency of service of process upon GNB, the judgment must be reversed.

I

On 14 January 1983, Larry Higgins filed suit against Samuel David…