Cobb v. Hallmark Studios, Inc.

HIGHERS, Judge.

This appeal involves the question of a set-off when each party has judgment against the other.

On June 20, 1984, in the Circuit Court in Hamilton County, judgment was entered against Hallmark Studios, Inc. (Hallmark) in favor of Alfred M. Cobb (Cobb) in the amount of $36,600. Pursuant to a counterclaim, judgment was simultaneously entered against Cobb and in favor of Hallmark in the amount of $29,100.

On August 8, 1984, Cobb issued a garnishment against Hallmark for the full amount of the judgment. Hallmark moved on August 14, 1984, to quash the garnishment and asserted its…