Peet v. Commerce & Ervay Street Railway Co.

Stayton, Chief Justice.

Appellants, being judgment creditors of H. W. Keller, caused a writ of garnishment to be served on the appellee, through which they seek to reach shares of stock in the company claimed to belong to Keller. The appellee denied having anything in its hands belonging to Keller, and the answer was controverted. The shares stand in the name of the wife of Keller, who died testate prior to the time the writ of garnishment was served.

There are two issues in this case: 1. It is claimed that Keller under the terms of his wife’s will became the' owner of the shares. 2. That the…