Miller v. Clayco State Bank

Miller, J.:

The plaintiff, Desma Miller, has appealed from a judgment of the trial court denying her recovery on her claim for wrongful garnishment. At issue is the propriety of a garnishment of joint bank accounts in which the garnished debtor, although named as a cotenant, owned no actual interest in the accounts.

The facts giving rise to the lawsuit are not disputed. Desma Miller is a seventy-five-year-old widow who resided in Arizona most of the year for reasons of health. Her son John Miller and his wife Henrietta lived in Parkville, Missouri. Their names were added to the signature card…